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(영문) 서울고등법원 2015.05.19 2015노821
상습특수절도등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (four years of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the Prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Special Larceny" and "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act" in the applicable provisions of the Act as "Articles 332 and 331 (1) of the Criminal Act". Since the subject of the judgment is changed by the court's permission, the judgment of the court below is no longer maintained.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332 and 331(1) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 35 of the Criminal Act among repeated crimes [Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which ends on January 24, 2014];

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of adding up the long-term punishment prescribed for habitual special larceny with heavier punishment) of the Criminal Act;

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

1. An order of disclosure; and

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