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(영문) 수원지방법원 2017.08.31 2016노7959
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defense counsel (an illegal sentencing, and the second judgment of the court below) recognized the defendant's wrong, the second sentence of the court below, which sentenced one year of suspended execution, observation of protection, community service order for 40 hours and lecture order for treatment of sexual assault for 40 hours, is too unreasonable.

B. In light of the fact that the instant crime was committed by the prosecutor (an illegal sentencing, and the judgment of the court of first instance) was committed by the Defendant on the part of the victim’s bucks located in the bus, and that it is not good that the Defendant committed an indecent act by hand, and that there was a record of the suspension of indictment for the same kind of crime, the court below’s sentence of fines of KRW 3,00,000, which was deferred is too uneasible and thus, is unreasonable.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

As the judgment of the court of first instance and the judgment of the court of second instance against the defendant, the prosecutor filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of first instance decided to hold concurrent hearings of the above cases. Each crime of the judgment of the court of first instance in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, which is a concurrent crime under the former part of Article 38 of the Criminal Act, must be adjudicated and sentenced to a single punishment, and

3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the above ex officio grounds for reversal of sentencing by defense counsel and the prosecutor, and the following is again decided after the pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment of each of the sexual crimes provided for in the relevant Article and the selection of punishment;

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