logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2018.04.04 2018노23
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the lower court on the Defendant (the first instance judgment: imprisonment of two years and six months; imprisonment of 80 hours; imprisonment of 2 years) is too unreasonable.

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

On the judgment of the court below which convicted the defendant, the defendant appealed, and this court conducted a consolidated trial on each of the above cases.

Each of the crimes committed by the Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed simultaneously pursuant to Article 38 of the Criminal Act. Therefore, the above judgment of the court below cannot be maintained as it is.

3. Each judgment of the court below is reversed in entirety pursuant to Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment below is reversed and it is again decided as follows through pleading.

[Re-used Judgment] Application of the relevant column of the judgment of the court below as stated in the facts constituting an offense and the summary of evidence (which is invoked as it is in accordance with Article 369 of the Criminal Procedure Act)

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319(1) and 299 of the Criminal Act (a indecent act committed by force upon residence and by force), Articles 342 and 330 (a) of the Criminal Act, Article 329 (a) of the Criminal Act, Article 366 of the Criminal Act, Articles 314(1) and 30 (a) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) and 30 (a) of the Criminal Act, Article 317 (a) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (a) of the Criminal Act, Article 342 and 330 (b) (a) of the Criminal Act (the rest of each business affair and a selection of imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes (within the limit referred to in the proviso to Article 42 of the Criminal Act with respect to the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.

arrow