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(영문) 춘천지방법원 강릉지원 2018.04.26 2017노538
강요등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for 8 months, completion of sexual assault treatment programs, 40 hours, and 20 hours: Imprisonment with prison labor for 4 months and completion of sexual assault treatment programs) are too unreasonable.

2. Prior to the judgment on the grounds for appeal, two appeals cases were joined in the first and second trials by ex officio prior to the judgment on the grounds for appeal, and each of the offenses in the first and second trials against the Defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court below was unable to be maintained as it is.

3. As such, the judgment of the court below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 324(1) of the Criminal Act that provides for the choice of punishment (the coercion, the choice of imprisonment), Articles 324-5 and 324(1) (the attempted crime, the choice of imprisonment) of the Criminal Act, and Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials for children and juveniles, and the choice of imprisonment);

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive in regard to each crime indicated in the judgment on the registration of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, personal information is provided to the competent agency pursuant to Article 43 of the same Act.

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