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(영문) 광주고등법원 2018.07.05 2018노135
유사강간상해등
Text

We reverse the judgment of the court below.

The punishment of the accused shall be three years of imprisonment.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below is too unreasonable because the defendant's punishment is too unreasonable.

B. It is also unreasonable to exempt the Defendant from issuing an order to disclose or notify personal information, even though there are no special circumstances that may not disclose or notify the Defendant’s personal information, as the first instance judgment’s first instance judgment is too unfilled and unfair.

2. As to the Defendant’s judgment ex officio, the first and second judgments of the lower court were rendered, the Defendant and the Prosecutor filed an appeal against the second lower judgment, and the lower court decided to jointly deliberate on the said two appeals cases.

The crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, and thus, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in its entirety without examining the aforementioned grounds for reversal, and the judgment of the court below is reversed in its entirety, and the following is decided through oral proceedings, without examining the aforementioned grounds for reversal ex officio.

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to the relevant column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 276(1) of the Criminal Act (the point of confinement, the choice of imprisonment), Articles 284, 283(1) (the point of special intimidation, the choice of imprisonment), Articles 301, 297-2 (the point of injury to similar rape, the choice of imprisonment), Article 156 of the Criminal Act (the point of non-competence, the choice of imprisonment), Article 156 of the Criminal Act (the choice of imprisonment, and the choice of imprisonment);

1. Articles 157, 153, and 55 (1) 3 of the Criminal Act (with respect to the crime of false accusation) of the Criminal Act mitigated;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the crime of injury to similar rape with the largest punishment) shall be applicable to concurrent crimes.

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