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(영문) 수원지방법원 2018.04.05 2017노3115
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The second and third punishment of the court below (the second sentence: imprisonment of 2 years, completion of a sexual assault treatment program for 40 hours, disclosure and notification of the defendant's personal information for 3 years: fine of 300,000 won, completion of a sexual assault treatment program for 40 hours, disclosure and notification of the defendant's personal information for 3 years) declared against the defendant is too unreasonable.

B. The sentence of the court below 1 and 3 (the first instance judgment: the fine of KRW 3 million, the completion of the sexual assault treatment program for 40 hours, and the disclosure and notification of the personal information of the defendant for 3 years) declared against the defendant by the public prosecutor is too uneasible and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The first, second, and third original courts rendered a judgment to each of the above defendants after completing a separate hearing with the Suwon District Court 2017 High Court 703 Highest 703 Highest 703 Highest 2017 Highest 1857 Highest 2017 Highest 358 Highest 2017 Highest 358, and the defendant filed an appeal against the second and third original judgment. The prosecutor filed an appeal against the first and third lower judgment, and the court decided to jointly deliberate on the above appeals. Each of the first, second, and third original judgments with respect to the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed within the scope of punishment imposed for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, all of the lower judgment is reversed.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the judgment of the court below as to the defendant's 2, 3, and the prosecutor's 1, and 3's Sentencing on the grounds of the above ex officio reversal, and the judgment below is all reversed in accordance with the above Article 364(2)

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as stated in the corresponding column of the judgment of the court below.

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