아동ㆍ청소년의성보호에관한법률위반(준강간)등
The guilty part of the judgment of the court below against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Confidentiality, etc.).
1. Summary of grounds for appeal;
A. The legal doctrine of Defendant and the person who requested an attachment order (hereinafter “Defendant”) 1) misunderstanding C voluntarily found the Defendant and brought it together with the Defendant. As such, the Defendant cannot be deemed to have protected C in relation to the violation of the Act on the Protection and Support of Missing Children, Etc.
Even if there is no consent of the guardian of the missing child, the court below found the defendant guilty of this part of the facts charged.
Therefore, this part of the judgment of the court below is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.
2) The sentence of the lower court’s unfair sentencing (as indicated in its holding, Nos. 1 through 6: Imprisonment with prison labor for 5 years; as indicated in its holding, for 7 years: fine of 1 million won) is too unreasonable.
B. Comprehensively taking account of the evidence submitted by the prosecutor 1), the victims may be deemed to have provided property to the Defendant according to the Defendant’s speech and behavior, etc., regardless of the Defendant’s intent to punish the Defendant before that time, regardless of whether the Defendant had been punished.
However, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the content of harm and injury that the Defendant notified to the victim does not constitute a threat of harm and injury in the crime of threat of harm and injury.
Therefore, this part of the judgment of the court below is erroneous by misapprehending the facts, which affected the conclusion of the judgment.
2) The lower court’s judgment’s wrongful assertion of sentencing is too unhued and unreasonable.
2. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the judgment
The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352), effective July 17, 2018, is a case where a court pronounces a punishment for a sex offense against a child or youth or a sex offense against an adult (hereinafter referred to as "sex offense") (Article 11(5)).