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(영문) 광주지방법원 2017.12.20 2017노3179
마약류관리에관한법률위반(향정)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

The treatment of sexual assault against the accused.

Reasons

1. The summary of the reasons for appeal is that the original judgment's respective punishment (the first instance court: one year of imprisonment; 40 hours of completion of a sexual assault treatment program; 50,00 won of additional collection; 6 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the first and second judgments were rendered to the Defendant, and the Defendant filed an appeal against them, respectively. This court decided to hold a joint hearing of the above two appeals cases. Each of the crimes of the first and second judgments against the Defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is, since it is a single sentence under Article 38(1) of the Criminal Act, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

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 unfair argument of sentencing, and the judgment below is reversed in entirety, 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 are as shown in each 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. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 2, Article 245 of the Criminal Act, Article 330 of the Criminal Act, Article 366 of the Criminal Act, Article 319 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act (the occupation of intrusion upon a structure, the occupation of imprisonment, the selection of a type of imprisonment, and the selection of a type of imprisonment) concerning the crime;

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

1. Collection of narcotics;

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