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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Sexual assault against the defendant for forty hours.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (i.e., imprisonment for a period of one year and four months, completion of 40 hours in sexual assault treatment programs, and completion of 10 hours in prison) is too unreasonable (i.e., the Defendant explicitly withdrawn the remaining arguments except for the unfair argument at the first trial date). 2. Determination of whether the Defendant taken photographs against the victim C’s will and made intimidation by using them, etc.
However, if the defendant recognizes each of the crimes of this case and reflects the fact that the defendant has the same history as the defendant, but there is no criminal record exceeding the fine, the defendant agreed with the victim E of the crime of fraud, and the defendant reached an additional agreement with the victim L in the trial, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc. are considered, the court below's punishment is considered to be unfair and unfair.
We accept the defendant's unfair argument in sentencing.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
【Inasmuch as the judgment used again is the same as the corresponding column of the judgment of the court below, the summary of the facts constituting the crime and the evidence recognized by the court below, and the summary of the evidence as to the facts constituting the crime and the summary of the evidence shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except in the case where the list 1 and 2 of the crimes listed in the annexed sheet 1 and 2 as shown in the following
Application of Statutes
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283(1) (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, Article 347 of the Criminal Act, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;