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The judgment of the court below is reversed.
Imprisonment with prison labor for the first offense against the defendant, and for the second offense against the ruling, the defendant shall be punished.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each of the types of punishment of the lower judgment (for example, 3 months of imprisonment, 40 hours of sexual assault treatment programs, and 2 months of imprisonment: 5 months) is too unreasonable.
2. Determination
A. The judgment of the court below as to the crime No. 1 in the holding, the fact that the defendant recognized the crime of this part and reflects it, the defendant has no record of punishment for the same crime, the process and progress of the crime of this case, the contents, frequency, age and occupation of the defendant transmitted, and all other matters concerning the sentencing as shown in the records and arguments of this case are considered to be unfair since the punishment of the court below as to the crime No. 1 in the holding is recognized as being inappropriate. Thus, this part of the defendant's assertion is with merit.
B. B. Before determining the grounds for appeal as to the crime No. 2 of the judgment of the defendant as to the crime No. 2 of the judgment of the court below, the records show that the Busan District Court 2013Kadan4550 case, which made the testimony of the defendant of this case, was sentenced on July 16, 2014 and confirmed on July 24, 2014, and the defendant, who was under interrogation at the prosecutor's office on May 29, 2014, can find the facts of confession as to each of the charges of this case. According to the above facts of recognition, since the defendant led to confession before the judgment of the above case No. 2013 Godan450, which became final and conclusive, the court below omitted the part on perjury of the judgment of the court below as to the crime No. 2 of this case.
3. According to the conclusion, the part concerning the crime No. 1 in the judgment of the court below as to the crime No. 2 in the judgment of the court below is well-grounded, and there is a ground for ex officio reversal of the part concerning the crime No. 2 in the judgment of the court below. 6 and 2 in accordance
Criminal facts
Criminal facts recognized by the court as well as the summary of the evidence.