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(영문) 창원지방법원 2015.03.19 2014노2739
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because each punishment (No. 1: imprisonment with prison labor for 4 months, and a fine of 3 million won) declared by the court below is too unreasonable.

2. The appeal case against the judgment of the court below was joined in the judgment of the court below for ex officio determination. Each of the crimes in the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot escape from reversal.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are as stated in each corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is

The degree of infringement of personal rights of the accused due to the age, occupation, criminal records, risk of recidivism, motive and process of the crime in this case, seriousness of the crime, disclosure order or notification order, and the degree of infringement of personal rights of the accused.

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