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(영문) 광주고등법원 2016.03.17 2015노521
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 8 months) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, since there is a ground for reversal under the above authority, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). The application of statutes is as follows.

1. Relevant Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Use of Cameras, Selection of Imprisonment), Article 297 of the Criminal Act, Article 276(1) of the Criminal Act, Article 331(2) and Article 331(1) of the Criminal Act (Joint thief), Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 355(1) of the Criminal Act (Joint of Imprisonment and Selection of Punishment of Imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes specified in the largest crime of rape);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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