성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault against the defendant for 80 hours.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. The ex officio determination prosecutor requested this court to issue an order to attach an electronic tracking device to the defendant, and this court tried together with the defendant's case, and the judgment of the court below should be sentenced simultaneously with the judgment of the defendant (Article 9 (5) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders).
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant on the ground of ex officio reversal, and the judgment below is reversed and it is decided as follows.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts constituting the offense of the court below and the summary of the evidence. Thus, they are cited in accordance with Article 369 of the
Application of Statutes
1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on the crime, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion of minors under the age of 13);
2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the Crimes of Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), and a punishment prescribed by the Act on Special Cases concerning the Punishment, etc.
3. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment stipulated in the crime committed in the relation of relatives] shall be violated of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the crime committed with heavier penalty).