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(영문) 광주고등법원 2018.04.05 2017노426
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Of the judgment of the court below, the part against Defendant A and the part against Defendant A in the judgment of the court below against Defendant A shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the judgment of the court below against Defendant A (No. 1: 2 years of suspended sentence in 1 year and 6 months of imprisonment, 2 years of suspended sentence in 2 months of imprisonment: 3 years of imprisonment with prison labor, 2 years of short term) is too unreasonable.

B. The sentence of the second adjudication on Defendant AR against Defendant AR (a prison term of three years and six months, a short term of two years and six months) is too unreasonable.

(c)

(1) According to the evidence submitted by the Prosecutor of the misunderstanding of the legal principles as to the part not guilty of the reasons, the fact that Defendant A, B, and accomplices committed violence and intimidation to the extent that they suppress Qu, R, U,V, T, and S’s resistances, thereby taking the victims’ property into force or attempted taking advantage of the victims’ property or causing injury to the victims.

Even so, the lower court did not establish the crime of robbery because the degree of assault and intimidation by Defendant A, B, and accomplices does not reach the degree of suppressing the victims’ resistance.

Based on the judgment, Defendant A and B acquitted Defendant A on each charge of robbery.

Therefore, the court below erred by misapprehending the legal principles on the degree of assault and intimidation in the crime of robbery, which affected the conclusion of the judgment.

2) The sentence that the first instance court sentenced Defendant A and B with respect to the unfair argument of sentencing is deemed to be too uneasible and unfair.

2. As to the defendant A, the judgment of the court below and the judgment of the court below that held ex officio based on the consolidated hearing, each of the above defendants was sentenced to the judgment of the court below and the judgment of the court below that of the court below, all of the above defendants filed an appeal against the judgment of the court below Nos.

Defendant

The first and second judgment of the court below cannot be maintained as it is because each crime of the first and second judgment against A is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence is to be imposed in accordance with Article 38(1) of the Criminal Act.

On the other hand, although the judgment of the court below against Defendant A had the above reasons for reversal, the prosecutor's argument is still subject to the judgment of this court.

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