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(영문) 광주지방법원 2014.01.08 2013노1954
공갈등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The defendant shall be 40 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 2’s imprisonment (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s first sentence (one year and six months of imprisonment, three years of probation, 160 hours of community service, 40 hours of completion of sexual assault treatment programs, 40 hours of completion, forfeiture of No. 1 of perjury) and the second sentence of the court below are too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, each court of original judgment has rendered a separate judgment after examining the defendant, and the defendant and the prosecutor filed an appeal against each of the above judgments and made a decision to concurrently examine the defendant in this court. Each of the offenses against the defendant in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single sentence shall be pronounced simultaneously in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below against the defendant can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 324 of the Criminal Act, Article 324 of the Criminal Act, Article 350 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 11 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.

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