Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended sentence) that the court below sentenced to the defendant is too unreasonable.
2. Before determining the grounds for appeal by the Defendant ex officio, the records of this case revealed the following facts: (a) the Defendant, at the Suwon District Court on October 23, 2018, sentenced him/her to a suspended sentence of two years and two years and two years and a suspended sentence of two years and ad hoc order, to provide community service for 120 hours and attend a sexual assault treatment program for 40 hours and an employment restriction order by a child or juvenile-related institution for two years and on January 17, 2019.
Therefore, each crime in the judgment of the court below is in a concurrent relationship between the above crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act on Occupational Authority, etc.), etc. of which judgment has become final and conclusive, and the latter part of Article 37 of the Criminal Act determines punishment after examining whether to reduce or exempt punishment in consideration of equity and the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In this regard
3. If so, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the above part is reversed and the following is again decided after oral argument.
【The reason for the judgment of multiple times】 The criminal facts and summary of the evidence recognized by the court in this case are the first head of the judgment of the court below in the context of the crime, and the summary of the evidence is "the defendant" in the first head of the judgment of the court below, who is sentenced to a suspended sentence of two years and a suspended sentence of 120 hours and a community service for 120 hours and a lecture for a sexual assault treatment program for 40 hours and two years.