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(영문) 의정부지방법원 2020.02.06 2019노3111
강제추행등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be 40 hours.

Reasons

1. Summary of the grounds for appeal: Imprisonment with prison labor for six months, completion of a sexual assault treatment program, and the second instance: Six months);

2. The first and second original judgments are sentenced to each of the judgment below, and the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Each of the crimes of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the crimes of the first and second original judgments is to be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.

3. If so, the judgment of the court of first and second trials on the grounds of the above ex officio reversal, and thus, without examining the defendant's respective arguments on unfair sentencing, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Discrimined Reasons for the Judgment] The summary of facts constituting a crime and evidence recognized by this court is identical to the corresponding columns of the first and second original judgment except that the phrase “part of the defendant’s court statement” in the summary of evidence of the first and second original judgment is changed to “court statement of the defendant in the trial.”

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

1. Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Selection of Punishment of Imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. An employment restriction order;

(a) Employment restrictions, such as institutions related to children and juveniles: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

(b) Employment restrictions on welfare facilities for disabled persons: Act No. 11 December 11, 2018, as amended by the Act on Welfare of Persons with Disabilities.

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