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(영문) 대법원 2018.04.10 2018도2029
미성년자의제강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

When the appellate court reverses the judgment of the first instance on the grounds that are not included in the reasons for appeal, it determined that the reasons for the unfair appeal for sentencing alleged by the appellant was also determined in the process of determining the punishment.

In addition, it did not specify the decision as to the legitimacy of the grounds for appeal.

failure to make any judgment;

In light of the records, the court below reversed the judgment of the court of first instance on the ground that each of the crimes of this case against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and the punishment for the defendant should be determined within the period of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. The court below determined ex officio the judgment of the court of first instance on the ground that the punishment for the defendant should be determined within the period of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Therefore, the court below did not separately decide on the defendant's reasons for the defendant's unfair appeal.

On the grounds of appeal, the lower court erred by omitting judgment on the grounds of appeal, as alleged in the grounds of appeal

subsection (b) of this section.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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