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(영문) 부산고등법원 2014.12.17 2014노591
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall have been imposed for three years from the date this judgment became final.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable that the punishment of the court below (the three years of imprisonment and the completion of sexual assault treatment programs) is too large.

2. Articles 157 and 153 of the Criminal Act provide that the punishment shall be mitigated or exempted as necessary in a case where a person who committed the crime under Article 157 or 153 of the Criminal Act makes a confession before the judgment or disciplinary action on the reported case becomes final and conclusive. As such, there is no legal restriction as to the procedure of confession as to the procedure of confession, and thus, it is a confession against the court dealing with the reported case as a witness of the adjudication division dealing with the reported case, and it is a confession that the report made before he was left as a witness of the adjudication division dealing with the reported case, and that the confession made by the court or the investigative agency as the defendant or suspect of the case is also included in the concept of

(See Supreme Court Decision 2004Do831 Decided April 9, 2004, etc.). The case returned to the instant case, and the Defendant led to the trial, and the Defendant led to confession as to the instant non-prosecution crime. Since the criminal case against F with respect to the Defendant was not prosecuted, and it is obvious that the trial was finalized and the judgment became final and conclusive, there was a cause for the necessary reduction or exemption of punishment for the instant non-suspect crime.

Meanwhile, the facts charged in this part of the facts charged and the remaining facts charged of rape are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below rendered a sentence as to the whole of the facts charged in this case, so the judgment of the court below

3. Accordingly, 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.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is to add “the defendant’s trial testimony” to the summary of the evidence.

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