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(영문) 대전고등법원 (청주) 2015.04.02 2014노153
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. In the case of each crime committed against the victim G of mistake of facts and I, the defendant only attempted to commit an indecent act by force against the above victims, not to force the above victims to withdraw money and valuables.

B. The Commission’s decision on unfair sentencing (two years of imprisonment, 120 hours’ orders for sexual assault treatment programs, and 5 years’ disclosure and notification) is too unreasonable.

2. Before the judgment on the grounds for appeal on the board of appeal, the prosecutor applied for changes in the victim G, the name of the crime against I, the applicable provisions of the law, and the facts charged at the trial in the trial before the judgment on the grounds for appeal on the board of appeal, and the judgment was changed by this court.

Since the above crimes and the other crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced, and the judgment of the court below no longer can be maintained.

As long as the revised facts charged conforms to the argument of the grounds of appeal that “the party G and I did not have an intent to force money and valuables,” this part of the grounds of appeal need not be determined as to the allegation of the grounds of appeal). 3. According to the conclusion of the judgment of the court below, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s allegation of unfair sentencing, and the following is again decided after pleading.

Punishment of the crime

1. Indecent acts by compulsion;

A. On April 19, 2014, around 21:20, the Defendant: (a) asked the phone number of the victim D (at the age of 23) who was immediately talked, followed the victim to get on the elevator and lent the phone number to the victim; (b) on the part of the victim, the Defendant refused to use the phone number; (c) on the part of the victim, the Defendant forced the victim to commit an indecent act by force.

B. On April 23, 2014, at around 20:40, the Defendant was on board an elevator following the Victim F (F, 21 years of age) in the Chungcheongnambuk-gun E apartment in the Chungcheongbuk-gun, the Defendant was on board, but the victim was on board.

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