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(영문) 서울고등법원 2018.06.01 2017노3833
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment below

The guilty part against the Defendants is reversed.

Defendants shall be punished by imprisonment with prison labor for one year and four months.

Reasons

1. In a case where the scope of the judgment of this court is concurrent crimes under the former part of Article 37 of the Criminal Act and falls under Article 38 (1) 2 of the same Act, one punishment shall be imposed, but the above provision is a provision concerning the concurrent crimes, and where the case is concurrently prosecuted as concurrent crimes, part of the conviction is pronounced, imprisonment with prison labor for a part of a crime, or a fine for other crimes, etc., if several orders of the judgment are rendered, part of the part included in the relevant one order may be appealed separately from other parts (see Supreme Court Decision 91Do1402 delivered on January 21, 192, etc.). The court below convicted each of the charges of this case as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the same time, violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "Indecent Act").

However, the Defendants filed an appeal against the guilty portion of the judgment of the court below on the grounds of unfair sentencing, and the prosecutor filed an appeal against the Defendants on the grounds that: (a) the guilty portion of the judgment of the court below was committed by the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) in the attached Table Nos. 1 and 2; and (b) the offense Nos. 3 and 4 in the attached Table Nos. 3 and 4 in each case of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act, such as deceptive act) was erroneous.

Therefore, the part of innocence on the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts such as deceptive means) by the prosecutor 5 re-guilty No. 5, which did not appeal is separately finalized.

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