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(영문) 서울고등법원 2016.05.03 2015노2830
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault against the defendant for 80 hours.

Reasons

The main reasons for appeal (the first judgment of the court below: imprisonment with prison labor for one year, and the second judgment of the court below: imprisonment with prison labor for ten years) of the court below is too unreasonable.

The judgment of the court below 1 and 2 sentenced the defendant to the judgment of the court below, and the defendant filed an appeal against the above two cases, and this court decided to hold a joint trial. Since each crime of the first and second judgment with the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, since the judgment of the court below 1 and 2 cannot be maintained.

In addition, the prosecutor changed the name of the crime to "violation of the Act on the Punishment of Violence, Etc. (Assaults, Deadly Weapons, etc.) and the Act on the Punishment of Violences, etc. (Intimidation of Group, Deadly Weapons, etc.)" among the facts charged in the judgment of the court of first instance as to the charges of the judgment of the court of first instance, and changed the facts charged to "violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)" and changed to the following facts charged, and applied legal provisions also changed to the following facts charged, and the subject of the judgment of the court of first instance was changed to the subject of the judgment by the court of first instance, so the judgment of the court of first instance cannot be maintained

Therefore, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

【Grounds for the judgment in force】 The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are modified as follows: “Criminal facts” under Articles 3 and 4 of the “criminal facts” and “a summary of the evidence” under the first instance judgment; “in the residence of the victim located in Incheon Gyeyang-gu N in Incheon Gyeyang-gu” under Article 1(1)1 of the “criminal facts” under the second instance judgment, “in the residence of the victim located in Incheon Gyeyang-gu G 101”.

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