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(영문) 서울남부지방법원 2016.12.23 2016노1992
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of imprisonment with labor (one year of imprisonment) by the lower court shall be excessively unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to Articles 157 and 153 of the Criminal Act, when a person who commits an offense under Article 156 of the Criminal Act makes a confession or accepts a punishment before the judgment or disciplinary action on the reported case becomes final and conclusive, the punishment shall be mitigated or remitted. As such, confession prior to the final and conclusive judgment constitutes a reason for the requisite mitigation or exemption of the punishment.

In addition, there is no limitation on the procedure of confessions as to the procedure of confessions as to the organization dealing with reported cases without any legal restriction, and the report made before being present as a witness at the court dealing with the reported cases or at the trial division dealing with it was false, and is included in the concept of confessions by the court or investigation agency (see, e.g., Supreme Court Decision 2015Do8181, Aug. 13, 2015). In this case, the records show that the defendant has led to the confession of the crime of this case on the 6th trial date of the court below. Thus, even if the defendant denies the crime of this case on the 7th trial date of the court below, there is a requisite cause of reduction or exemption of punishment under Articles 157 and 153 of the Criminal Act, and even if the defendant did not so, as long as the defendant stated to the effect that he confessions the crime of this case without finding facts during the trial date of the court below, the court below's judgment is no longer applicable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following judgment is delivered after pleading.

[Judgment which has been written]

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