성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
1. The part of the judgment below regarding the defendant's case shall be reversed.
2. The defendant shall be punished by imprisonment with prison labor for four years;
3. The defendant.
1. As to the part of the case of the Defendant, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case for which the request for attachment order was filed, and as such, only the Defendant appealed, there is no benefit of appeal regarding the part of the case for
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part regarding the request for attachment order is excluded from the scope of the trial of this court.
The punishment of the court below (five years of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
In the trial of the court, the prosecutor shall apply Articles 7(2)1 and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13) among the charges against the accused in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13). Articles 7(5) and (2)1 and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the applicable provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 7(5) and (2)1 and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 7(2)
As stated above, the defendant's case in the judgment of the court below cannot be maintained any more, since the defendant's case was changed to "each other," and the facts charged were changed to the name of the changed crime and the applicable provisions of law as mentioned above, and the court applied for changes in indictment.
3. In conclusion, since the part of the judgment of the court below on the defendant's case constitutes an ex officio reversal, Article 364 of the Criminal Procedure Act is without examining the defendant's grounds for appeal.