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(영문) 서울고등법원 2016.10.28 2016노1758
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, each of which is 40 hours against the accused.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years and six months, and orders to complete sexual assault treatment programs and child abuse treatment programs, each of 40 hours and 40 hours) are too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In the first instance, the prosecutor maintained the facts charged concerning the indecent act by blood by blood as stated in the indictment as the primary facts charged and added the same contents as stated in Paragraph (2) to the facts charged in the conjunctive charges, and applied for the amendment of the indictment with respect to the “violation of Special Act on the Punishment, etc. of Sexual Crimes (Indecent Act by blood as a relative relation)” to the name of the conjunctive crime, and to add “Article 5(3), (2), and (5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” to the provisions of the preliminary applicable provisions, and this Court permitted this.

However, as seen below, inasmuch as this Court rendered a not guilty verdict of the facts charged above and found the defendant guilty of the facts charged as added in preliminary, the corresponding part of the judgment of the court below which is subject to the previous facts charged can no longer be maintained.

3. The judgment of the court below is reversed in its entirety, on the grounds of the above ex officio reversal, and the fact that the relatives who committed Amendments to Bill of Indictment and the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is rendered through pleading.

【Criminal facts and the summary of evidence admitted by the court in light of the facts constituting a crime and the summary of evidence” in the judgment of the court below shall be deemed to have been modified as follows:

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