성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
The defendant is a sexual assault treatment program.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. In full view of the following facts: (a) the Defendant’s mistake was recognized in the first instance trial, and the victim did not want the punishment of the Defendant under an agreement with the victim; (b) the Defendant did not have the same criminal records; and (c) the Defendant’s age, character and conduct, environment, motive and background of the crime; (d) the means and consequence of the crime; and (e) the circumstances before and after the crime, etc., the sentence imposed by the lower court is deemed unreasonable, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 7(2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act on the Protection, etc. of Victims of Sexual Crimes) and Article 298 of the Criminal Act (amended by Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act
The main sentence of Article 42 shall be governed by the main sentence of Article 42), Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (the maximum penalty shall be governed by the main sentence of Article 42 of the former Criminal
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 of the Criminal Act for discretionary mitigation.