성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
The judgment below
The part of the defendant's case and the case of the attachment order shall be reversed.
A defendant shall be punished by imprisonment for three years.
1. The summary of the Defendant’s appeal is unreasonable because the sentence imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) (a notice of disclosure of information for three and five years of imprisonment) is too unreasonable.
2. Before determining the grounds for appeal ex officio, Article 303 of the Criminal Procedure Act provides that the defendant and his/her defense counsel shall be given an opportunity to make a final statement. However, the lower court may recognize the fact that the presiding judge, on the third trial of September 12, 2013, presented the opinions of the defendant and his/her defense counsel on the results of examination of evidence, notified the defendant and his/her defense counsel without giving an opportunity to make a final statement, and sentenced a judgment on September 26, 2013, which is the following date
Ultimately, the lower court erred by failing to give the Defendant and his defense counsel an opportunity to make a final statement.
(1) The court below's decision is reversed in accordance with Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Article 364 (2) of the Criminal Procedure Act, and the part of the court below's decision regarding the request for attachment order among the defendant's case and the attachment order is reversed, and it is again decided as follows, after pleading, as the grounds for reversal ex officio.
Criminal facts, the facts constituting a crime acknowledged by the court, the facts constituting the cause of the attachment order, and the facts constituting the cause of the attachment order and the summary of the evidence are identical to the facts indicated in the relevant column of the lower judgment. As such, the aforementioned facts are cited in accordance with Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Article 3
Application of Statutes
1. Article 7(5) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) regarding criminal facts and the selection of punishment.