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(영문) 대전고등법원 2018.11.16 2018노361
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The defendant is a sexual assault treatment program.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower judgment’s sentencing (an imprisonment of one year and eight months, an order to complete a sexual assault treatment program 40 hours, and an employment restriction order between three years) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records of this case, on October 19, 2018, after the judgment of the court below was rendered, the defendant was sentenced to imprisonment for two years, order to complete sexual assault treatment programs 80 hours, order to disclose for three years, order to notify, and order to restrict employment for the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse (voluntary indecent act) at the Daejeon District Court on October 19, 2018. The above judgment can be recognized facts finalized on October 27, 2018. Thus, the crime of each of the crimes in the judgment of the court below against the defendant and the violation of the Act on the Protection of Juveniles against Sexual Abuse (voluntary indecent act) against which the judgment of the court below became final and conclusive is concurrent crimes under Article 37 of the Criminal Act and should be sentenced to punishment for each crime under the judgment of the court below in consideration of equity in the case where it is judged at the same time pursuant

Therefore, the judgment of the court below can no longer be maintained.

3. The decision of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows through pleading.

[Grounds for a new judgment] Criminal facts and the summary of the evidence established by the court and the summary of the evidence are all criminal facts of the judgment of the court below. "The defendant was sentenced to imprisonment with prison labor for two years, order to complete sexual assault treatment programs 80 hours, order to disclose such programs for three years, order to disclose such information, and order to restrict employment at the Daejeon District Court on October 19, 2018. The above judgment became final and conclusive on October 27, 2018.

"A previous conviction in the judgment of the court below" is added at the end of the summary of the evidence of the court below, and in addition to adding "a copy of the judgment of the court below (Seoul District Court Decision 2018 Gohap 350)," "a summary information inquiry of the case", all of the judgment of the court below.

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