성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. As to the crime of violation of the Child Welfare Act (sexual abuse, etc. against a child), the latter part of Article 17 subparag. 2 of the Child Welfare Act, in light of its legislative intent, shall be deemed as a supplementary application to only an act that does not reach the degree of sexual assault, and shall be deemed as a supplementary relationship between the sexual crime and the legal concurrence prescribed by other Acts, such as the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Therefore, insofar as the Defendant’s crime of this case is committed against sexual assault, it cannot be deemed as a crime of violation of the Child Welfare Act (voluntary coercion, intermediary, sexual harassment, etc. against a child), and otherwise deeming that the above crime of violation of the Child Welfare Act is established separately is in violation of the principle of prohibition of double evaluation or the principle of equality. Nevertheless, the judgment of the court below convicting the Defendant of this part of the facts charged is erroneous by misapprehending the legal principles of unfair sentencing (five years, etc.).
3) Although there are special circumstances under which the lower court would not restrict the employment of the accused in the unfair order of employment restriction, it is unreasonable for the lower court to order the Defendant to be subject to employment restriction.
2. Determination
A. The judgment of the court below 1 on the Defendant’s assertion of misapprehension of the legal doctrine also asserted similar to this part of the grounds for appeal.
On the other hand, the court below held that the defendant's act of making the victim quickly with his sexual organ by a deceptive scheme is a crime falling under Article 7 (5) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which falls under Article 2 (1) of the same Act, and thus constitutes sexual violence as defined in Article 2 (1) of the same Act. < Amended by Act No. 2019, Mar. 1, 201>