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(영문) 광주지방법원 2020.11.18 2019노1967
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

All judgment of the court below shall be reversed.

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

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (the first judgment: 2 years of suspended execution, probation, community service, 80 hours in prison in August, 40 hours in lectures to treat sexual assault, 40 hours in institutions, etc. related to children and juveniles and disabled persons, 2 years in restriction on employment of disabled persons: Imprisonment with prison labor in August, 2 years of suspended execution, 40 hours in lectures to treat sexual assault, 2 years in disclosing and notifying personal information, 3 years in institutions, etc. related to children and juveniles and disabled persons, etc. and 3 years in restriction on employment of disabled persons) are too unreasonable;

2. The Defendant filed an appeal against the judgment of the court below, and the trial court decided to consolidate the above appeal cases.

However, each of the judgment below's offenses is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as that of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 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;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); and children and juveniles who are subject to employment restrictions;

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