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(영문) 서울동부지방법원 2017.06.22 2017노325
폭행등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (the first instance court: 4 months of imprisonment, the second instance court: 4 months of imprisonment, and the second instance court: 4 months of imprisonment, and the order to complete a sexual assault treatment program) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor ex officio, the appeal cases against the lower judgment were consolidated as to the grounds of appeal by the Defendant and the prosecutor. Each of the offenses of the lower judgment constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the lower court is to be rendered simultaneously and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained any more.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the unfair argument of sentencing, on the grounds that the judgment of the court below is reversed ex officio, and the following judgment is rendered through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 260 (Assaults, Selection of Imprisonment), and 298 (Indecent Acts by force and Selection of Imprisonment) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Where a conviction becomes final and conclusive with respect to a crime of indecent act committed by force in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information

The age, occupation, risk of recidivism, details and motive of the crime of the defendant exempted from the disclosure order or notification order;

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