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(영문) 서울남부지방법원 2020.12.15 2020노1702
업무방해등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the court of first instance, each of the inappropriate sentencing (or both parties: Imprisonment with prison labor for six months)

B. On the judgment of the court below on the second and third grounds (the defendant: imprisonment with prison labor for the second and third instances: 6 months; imprisonment for the third instance; 40 hours; order to complete a sexual assault treatment program)

2. Prior to the judgment on the grounds for appeal, we examine ex officio prior to the judgment on the grounds for appeal. The court below rendered a separate judgment on each of the judgment below against the defendant, but the court below held concurrent trials and tried at the trial. Each of the above crimes is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. Therefore, each of the judgment below cannot

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal on the grounds of appeal, and the following is decided through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Interference with Business) [Article 1] Obstruction of Business (Class 1] : Aggravation of Obstruction of Business (Special Aggravation of Punishment): Aggravation of Cumulative Cumulative Offense (Recommendation and Scope of Recommendation)

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