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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
information about the defendant for seven years.
Reasons
1. Progress of litigation;
A. The lower court convicted all of the facts charged in the instant case including violation of the Aggravated Punishment, etc. of Specific Crimes Act and injury caused by indecent act by force, and sentenced the Defendant and the person requesting an attachment order (hereinafter “Defendant”) to five years of imprisonment and ten years of attachment of an electronic tracking device.
B. The Defendant appealed against the lower judgment on the ground of erroneous determination of facts, misapprehension of legal doctrine, and unreasonable sentencing as stated in paragraph (2) as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the bodily injury caused by indecent act by compulsion. The Prosecutor appealed on the ground of unfair sentencing. The lower court rejected all the Defendant’s and the Prosecutor’s
C. As to the judgment of the party before remanding, the Defendant appealed on the grounds of misunderstanding of facts as to the injury caused by indecent act by force and the misapprehension of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the judgment of the court of final appeal rejected all of the Defendant’s assertion, but on the grounds that Article 5-2(4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 11731, Apr. 5, 2013) (amended by Act No. 11731, Apr. 5, 2013) was repealed, this part of the judgment of the court prior to remand is reversed ex officio on the grounds that this part of the judgment prior to remand and the remaining criminal facts of the judgment prior to remand are concurrent crimes under the former part of Article 37 of the Criminal Act, and
2. Summary of grounds for appeal;
A. (1) In order to find out the victim E who was waiting for a bus and move to the destination, Defendant (1) was killed in a passenger car.