아동ㆍ청소년의성보호에관한법률위반(강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 80 hours against the defendant.
Summary of Grounds for Appeal
A. Defendant’s unreasonable sentencing: The lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.
B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too unjustifiable and unreasonable.
We examine ex officio prior to the judgment on the grounds for appeal ex officio.
In the trial of the court, the prosecutor's amendment of the Act on the Punishment of Violences, etc. (collective, deadly Weapons, etc.) among the names of the crimes against the defendant is "special intimidation" and "Articles 3 (1) and 2 (1)1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" among the applicable provisions of the Act shall be "Articles 284 and 283 (1) of the Criminal Act" and "Articles 284 and 283 (2) of the Criminal Act" shall be amended by this court's permission to change the title of paragraph (2) of the facts charged from "violation of the Punishment of Violences, etc. Act (collective, deadly Weapons, etc.) to "special intimidation" to "violation of the Act on the Punishment of Violences, etc. (collective, Deadly Weapons, etc." and this part
Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the evidence is as stated in the relevant column of the lower judgment except for the alteration of the title of the crime No. 2 to “special intimidation” from “violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.).”
Application of Statutes
1. Relevant Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the choice of punishment, Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation, the choice of imprisonment with prison labor), and Article 260 (1) of the Criminal Act (the occupation of assault and the choice of imprisonment with prison labor) concerning criminal facts;
1. The latter part of Article 37 of the Criminal Act, Articles 39(1) and 55(1) of the Criminal Act to treat concurrent crimes;