beta
(영문) 부산고등법원 2018.12.05 2018노447

준강간

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the 4 years of suspended execution in two years and six months of imprisonment, and the 80 hours of order to attend a course) is too unreasonable.

2. Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of institutions, etc. related to children and juveniles for the ten-year period for a sex offense against a child, juvenile, or adult, was amended by Act No. 15352, Jan. 16, 2018; and Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the court sentenced the punishment for an individual sex offense case to determine the period of restriction on employment within the scope of 10 years for each defendant; Article 3 of the Addenda of the above Act provides that Article 56 of the same Act provides that the amended provisions of Article 56 shall also apply to persons who committed a sex offense before July 17, 2018, on which the above Act enters into force, and thus, the above amended Act shall also apply to this case.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as follows, except for the addition of “1. Defendant’s trial testimony” to the summary column of evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course;