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(영문) 대전고등법원 (청주) 2015.07.09 2015노44
강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment) by the lower court is too unreasonable.

2. Determination ex officio:

(a) "A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, and in such cases, with respect to a crime which has not been adjudicated among concurrent crimes pursuant to Article 39 (1) of the Criminal Act, punishment shall be imposed in consideration of the equity between

Furthermore, even if there are multiple crimes for which judgment to punish with imprisonment without prison labor or heavier punishment has become final and conclusive, all of the crimes for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act with the crimes committed prior to the final and conclusive judgment. Therefore, the sentence should be imposed in consideration of equity in cases where all of the crimes for which judgment has become final and conclusive with respect

(See Supreme Court Decision 2012Do12911 Decided December 27, 2012). B.

However, on June 18, 2008, after the instant crime was committed, the Defendant was sentenced to imprisonment of one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on June 18, 2008 and became final and conclusive on June 13, 2013 (hereinafter “the first sentence”). On June 13, 2013, the Suwon District Court sentenced a suspended sentence of one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on December 21, 2014 (hereinafter “the second sentence”), and sentenced two years to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court on December 5, 2014 (hereinafter “the third sentence”). Since the instant crime was related to each of the crimes under Articles 1 through 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act, the lower court, at the same time, shall consider equity among the instant crimes.

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