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(영문) 대구고등법원 2020.02.13 2019노584
성폭력범죄의처벌등에관한특례법위반(특수강도유사강간)등
Text

All the judgment below is reversed.

The defendant is guilty of fraud and embezzlement against the victim B corporation.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: 10 years of imprisonment, 80 hours of completion of sexual assault treatment programs, 5 years of disclosure and notification order, 5 years of employment restriction for children and juvenile-related institutions, etc. and welfare facilities for disabled persons, 5 years of employment restriction for disabled persons: the lower court’s judgment: 7 months of imprisonment with prison labor for crime of fraud and embezzlement against victim C; 1 month of imprisonment with prison labor against victim C) is too unreasonable.

2. The Court rendered ex officio reversal and examination of each appeal case against the judgment below.

Since the crime of fraud against victims C in the judgment of the first instance court and the second instance judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, it is necessary to render a sentence in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court below has a ground for ex officio reversal

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment below is also ruled as follows.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 342 and 330 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act, Article 3 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 334 (1), 333, and 297-2 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Article 347 (1) and 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 355 (1) of the Criminal Act, Article 355 (1) of the Criminal Act, which provides for the punishment of sexual crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes: Provided, That the Criminal Act for crimes of special robbery or similar rape is applicable.

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