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(영문) 수원지방법원 2015.12.22 2015노5607
아동복지법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal by the defense counsel is against the defendant's wrong, and there is no record of criminal punishment for sexual assault crimes, the victim G's chests and the sex organs were not distributed, and the defendant has been endeavoring to recover from damage, and the defendant has been already treated due to mental disorder, and has been living alone five-years and six-hours and forty-hours of imprisonment with prison labor. In light of the above, the court below's sentence that sentenced the order to complete the sexual assault treatment program is too unreasonable.

2. We examine ex officio prior to determining the grounds for appeal for ex officio determination.

The prosecutor shall not maintain the judgment of the court below that found the defendant guilty of the remaining criminal facts constituting the substantive concurrent crimes under this part of Article 37 of the Criminal Act and the judgment of the court below that sentenced the defendant to a single punishment, by recognizing the defendant guilty of the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) in the name of the crime in the first instance. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act (Article 284 and Article 283(1) of the Criminal Act).

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the defendant's crime and the summary of the evidence is the same as that of the judgment of the court below, and therefore all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of coercion to commit an offense in the pertinent legal provision: The point of coercion in the holding of Articles 71(1)1-2 and 17 subparag. 2 of the Child Welfare Act: Article 324 of the Criminal Act.

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