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(영문) 서울고등법원 (춘천) 2021.02.03 2020노156
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

As to the crimes of No. 1 and No. 3 in the judgment of the defendant, the crime of No. 2 in the judgment of the court below is committed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit an indecent act against the victim B, such as the facts charged Nos. 1 and 2.

2) The sentence of the lower court’s unfair sentencing (crimes No. 1 and 3 as indicated in the lower judgment: Imprisonment with prison labor for one year and six months, and crimes No. 2 as indicated in the lower judgment: Imprisonment for two years and six months, and three years of suspended execution, and 40 hours of orders to complete sexual assault treatment programs as indicated in the holding) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

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

Of the grounds for the judgment on the crimes Nos. 1 and 3 of the judgment, the court below held that in the item “1. concurrent treatment” under the "application of the Act and subordinate statutes, each of the above crimes is in a relationship of special injury, etc. for which judgment

The latter part of Article 37 of the Criminal Code, while Article 39(1) is applied, it did not state Article 55(1)3 of the Criminal Code on statutory mitigation of punishment.

Therefore, the court below did not reduce punishment for concurrent crimes as to the crimes Nos. 1 and 3 of the decision of the court below.

Therefore, according to the remaining description of the "application of Acts and subordinate statutes", the final applicable sentences, which aggravated and mitigated concurrent crimes against the No. 1 and 3 of the judgment of the court below, are two to twenty-five years of imprisonment.

In this regard, the lower court, inasmuch as the lower court, retired from the lower limit of the applicable sentences for each of the above crimes, and sentenced to one year and six months, constitutes an unlawful act that affected the conclusion of the judgment.

On the other hand, it is reasonable to determine the defendant's order to complete a program for treating sexual assault, order to attend a lecture for treating sexual assault, order to disclose personal information, order to disclose personal information, and order to restrict employment, and the period thereof, considering all the crimes in the judgment below.

Therefore, as seen earlier, the part concerning the crime No. 1 and 3 of the judgment of the court below as well as the part concerning the crime No. 2 of the judgment of the court below shall be reversed.

Nevertheless, the defendant's assertion of mistake is still subject to the judgment of this court.

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