아동ㆍ청소년의성보호에관한법률위반(강간등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. In light of the circumstances against the defendant in light of the summary of the grounds for appeal, the punishment imposed by the court below (5 million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the defendant was sentenced to imprisonment with prison labor on February 2, 2012 at the Busan District Court and one year and three months on February 2, 2012. The same year.
3. 23. The judgment becomes final and conclusive, and the same court has been sentenced to imprisonment with prison labor for larceny on July 27, 2012, and three months in the same year.
8. 17. The judgment became final and conclusive.
Since the crime of fraud, larceny, etc., for which the judgment of the court below has become final and conclusive, is in the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of larceny, etc., the punishment should be imposed after considering equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment, the court below’s judgment
3. The judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of facts constituting a crime and evidence recognized by this court shall be as follows: "Defendants" in the first sentence of the facts constituting a crime of the judgment below shall be sentenced to imprisonment with prison labor for not less than one year and three months at the Busan District Court on February 2, 2012; and
3. 23. The judgment becomes final and conclusive, and the same court has been sentenced to imprisonment with prison labor for larceny on July 27, 2012, and three months in the same year.
8. 17. The person for whom the judgment became final and conclusive shall add "1.1.1.1. previous records: Defendant's trial statement at court and the Konet case search" to the summary of the evidence shall be cited as it is the corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 299 and 298 of the Criminal Act concerning criminal facts;