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(영문) 대구지방법원 2015.01.22 2014노3405
사기등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall be 40 hours.

Reasons

1. The summary of the grounds for appeal (Article 1: 1 year of imprisonment, 12 hours of completing sexual assault treatment programs, 2 months of imprisonment, 40 hours of completing sexual assault treatment programs, 40 hours of completing sexual assault treatment programs, and 3 years of information disclosure and notification orders) are too unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) of the Criminal Act, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment with labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of the accused is finalized on the criminal facts of each quasi-indecent act subject to the obligation to submit personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of

The defendant, on the grounds of sentencing, is guilty.

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