폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year.
However, this decision is delivered to the Defendants.
1. The decision of the court below on the gist of the grounds of appeal is too unhued and unreasonable.
2. We examine ex officio the prosecutor’s appeal prior to the reasons for appeal.
According to Article 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Camera, etc.”) as indicated in the judgment of the court below constitutes a sexual crime under the Sexual Crimes Punishment Act. According to Article 16 (1) of the same Act, when a conviction is rendered against a person who has committed such sexual crime, barring any special circumstance, an order to attend a course necessary for the prevention of recidivism or order to complete a sexual assault treatment program shall be imposed to the extent not exceeding 50 hours
Here, special circumstances where an order to attend a course or order to complete a program refers to cases where, for example, it is considerably difficult or not helpful to prevent recidivism even if the education is imposed on the accused for physical or mental reasons, such as mental disorder under Article 10 of the Criminal Act, etc. In light of the records, the Defendants cannot be deemed to fall under cases where such special circumstances exist.
Nevertheless, the court below found the Defendants guilty on the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Amerasia, etc. (hereinafter referred to as the "Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes") in the judgment of the court below, and omitted determination as to whether the Defendants did not concurrently submit an order to attend a course or order to complete a program, or not there are special circumstances under which the order to attend
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment of the court below is again reversed after pleading.