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(영문) 서울중앙지방법원 2020.04.03 2020노555
폭행등
Text

All judgment of the court below shall be reversed.

The crime of indecent act by compulsion against the defendant is committed in two months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the court of first instance, the punishment (a fine of five million won) imposed on the crime of assault as stated in the judgment of the court below is too unreasonable.

B. On the judgment of the court below of the second instance, the punishment (two months of imprisonment with prison labor for the crime of indecent act by compulsion on the market, 40 hours of completion of sexual assault treatment program, 3 years of employment restriction order, and 4 months of imprisonment with prison labor for the crime of indecent act in the market), which was sentenced by the court below

2. We examine ex officio the determination.

The judgment of the court below against the defendant was pronounced, and the defendant filed an appeal against each of the above judgments, and this court decided to hold a joint hearing of the above appeal cases.

However, the crime of assault and bodily injury in the judgment and the crime of assault shall be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act as a concurrent offense relationship under the former part of Article 37 of the Criminal Act. Thus, the above judgment

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's respective arguments on unfair sentencing, and it is again decided as follows through pleading.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 298 of the Criminal Act, the choice of punishment for a crime, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes (the crime of robbery and indecent act by compulsion on account of a previous record of the crime of aiding and abetting a Fraud, etc.)

1. Crimes of the latter part of Articles 37 and 39(1) of the Criminal Act concerning the treatment of concurrent crimes, and the crime of assault and indecent act by force which a judgment has become final and conclusive.

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