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1. All the original decisions shall be reversed.
2. The defendant shall be punished by imprisonment for six months;
3. Sexual assault against the defendant;
Reasons
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio the reasoning of the Defendant’s appeal prior to the judgment.
The court held that each appeal against the defendant was jointly reviewed.
Since the crimes of each joined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed within the scope of the term of punishment increased according to the example of Article 38(1) of the Criminal Act.
Therefore, the two decisions of the court below rendered on the defendant cannot be maintained any more.
3. If so, the court below's decision is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, since there are grounds for reversal ex officio as seen above, and it is again decided as follows.
Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in each court below's decision, they are cited in accordance with Article 369 of
Application of Statutes
1. Relevant legal provisions on crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Article 257 (1) of the Criminal Act and the choice of imprisonment with prison labor, respectively;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
3. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The conditions favorable to the defendant shall be as follows:
· reflects his or her mistake.
· The health conditions and family conditions are not good.
2. The circumstances disadvantageous to the defendant shall be as follows:
· Not only has the history of punishment for the same crime, but also has committed the crime of this case even though it was in the period of suspension of execution.
- Not agreed with victims until now.
3. The above defendant.