logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2019.06.12 2019노71
유사강간등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and six months;

3.Provided, That this judgment has become final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The court below acquitted the Defendant of all of the facts charged, although the photograph 11 photographs sent by the Defendant at the time of the crime of this part, including not only the photographs taken by the victim himself but also photographs taken by the Defendant, as to the whole of the photographs, the court below acquitted the Defendant of this part of the facts charged. The judgment of the court below is erroneous in the misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended sentence) is too uneased and unreasonable.

2. We examine ex officio prior to determining the grounds for appeal for ex officio determination.

On June 2017, a prosecutor has filed an application with the court for amendments to an amendment to an indictment with the content that "the victim's chest and 11 photographs" shall be changed to "two copies of the victim's hair and her part photograph," among the facts charged regarding the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amera, etc.) which was acquitted by the court below, and the subject of the adjudication was changed by this court upon permission.

However, as seen below, the revised facts charged are found guilty, and this shall be sentenced to a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining facts charged which the court below found guilty, so the judgment of the court below cannot be maintained in its entirety.

3. In conclusion, the court below's judgment is not separately determined on the ground that there is a ground for ex officio reversal, so long as it is found that the changed facts charged were guilty without examining the grounds for appeal.

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again.

[Discied Reasons for the judgment] Criminal facts and summary of evidence recognized by the court, and they are the same.

arrow