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(영문) 대전지방법원 2015.08.19 2015노345
업무상과실치사등
Text

The part of the judgment of the first instance and the judgment of the second instance regarding conviction shall be reversed in entirety.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The second court found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged against the Defendant, and sentenced the Defendant to a fine of three million won, etc., and acquitted the Defendant on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes).

However, since only the defendant appealed the part of the judgment of the court of second instance and the prosecutor did not appeal the part of the judgment of the court of second instance, the part of the judgment of the court of second instance, which was separate and finalized, and only the part of the judgment of the court of first instance excluding the part of the

2. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the court below on the defendant (the court below's judgment of 8 months: imprisonment with prison labor of 8 months, the court below's judgment of 200,000 won: fine of 3 million won; completion of sexual assault treatment programs; and confiscation)

3. Prior to the judgment on the grounds for appeal ex officio, the court below rendered a separate review of the defendant as to the Daejeon District Court Branch of Daejeon District Court Decision 2014No. 428 and the Daejeon District Court 2015No. 649, each of which was the court below's first instance judgment, and sentenced the defendant to imprisonment with prison labor for the former for eight months and a fine of three million won for the latter. However, the defendant filed each appeal in each of the above judgment of the court below, and the appellate court decided to hold the two appeals together.

The crime of each judgment of the court below against the defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.

4. In conclusion, the grounds for reversal as seen above in the judgment of the court of first instance and the judgment of the court of second instance are as follows.

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