(영문) 서울고등법원 2016.01.15 2015노2751 | 리걸엔진

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(영문) 서울고등법원 2016.01.15 2015노2751

강간미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (the completion of a sexual assault treatment program for one year and 80 hours) is too unreasonable.

2. Prior to the judgment on the Defendant’s argument of unfair sentencing ex officio, the Defendant was sentenced to a two-year suspended sentence of imprisonment on April 16, 2015 for a crime of violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) in the Incheon District Court Branch Branch Branch of the Incheon District Court on April 16, 2015, and the judgment became final and conclusive on April 24, 2015. Upon the Defendant’s request, the lower court’s decision was rendered on November 23, 2015 with the inventory of 2015 Inventory 61 of the same Court at the same court’s 61, and became final and conclusive on November 23, 2015. The Defendant was sentenced to a one-year suspended sentence of imprisonment with labor for a special assault on December 8, 2015, and the judgment became final and conclusive on December 16, 2015 after the lapse of the appeal period. As above, since special assault and the crime of violence, as mentioned above, have become concurrent with Article 37(37) of the Criminal Act.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is all the column of "criminal facts" of the judgment of the court below, and the judgment was finalized on December 16, 2015 on the following grounds: "The defendant was sentenced to two years of suspended sentence of one year of imprisonment with labor for special assault in the Incheon District Court Branch Branch of the Incheon District Court on December 8, 2015.

In addition, “a summary of evidence” column “1. Defendant’s legal statement” is “1. Defendant’s trial and original judgment.”

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제39조 제1항

유사 판례

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