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(영문) 서울중앙지방법원 2017.06.09 2016노5042
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Sexual assault against the defendant for forty hours.

Reasons

1. The main sentence of the appeal is too heavy.

2. The court below ex officio held that the defendant guilty of the crime of coercion and the crime of assault in the judgment that constitutes a sex offense subject to registration, and that each of the above crimes is in a concurrent relationship with Article 37 of the Criminal Act.

In the light of this, one sentence of imprisonment was sentenced.

However, Article 45 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which was enforced by Act No. 14412 on December 20, 2016, was enforced after the judgment of the court below, and as a result of the application of this case, it was necessary to additionally examine whether the period of the registration of personal information on the defendant is deemed unfair to be determined within the period prescribed in each subparagraph of paragraph (1) of the same Article, and to judge whether the longer short-term period should be determined within the period prescribed in each subparagraph of the above Article. Thus, the judgment of the court below

Meanwhile, pursuant to Article 45(4) of the aforementioned Act, the part of the judgment setting the longer short-term period among the periods under the subparagraphs of paragraph (1) of the same Article is an incidental disposition that declared simultaneously with the conviction of a sex offense case subject to registration, and the judgment of the court below shall be reversed in its entirety, even if there is no error in the remaining part of the defendant's case (see Supreme Court Decision 2017Do83, Mar. 15, 2017, etc.). 3. The judgment of the court below on March 15, 2017, on the ground that there is a ground for ex officio reversal, without examining

[Judgment of the court below] Summary of facts constituting an offense and a summary of evidence and the summary of the evidence are as stated in each corresponding column of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Order to complete a program;

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