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(영문) 부산지방법원 2016.09.02 2016노1609
강제추행등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the reasons for appeal is that the punishment of the lower court (the first instance judgment: 10 months of imprisonment; 40 hours of order to complete a sexual assault treatment program, 2 hours of imprisonment: 2 months of order to complete a sexual assault treatment program) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case against the judgment below was consolidated by examining ex officio prior to the judgment on the grounds for appeal for ex officio judgment. Each of the offenses in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 298(1) of the Criminal Act, and Article 298(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Where a conviction of the accused against the crime of this case against the accused subject to the submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 the accused is obligated to submit personal information

The defendant's age of exemption from the disclosure order and notification order;

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