강간미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The court below found the defendant not guilty on the facts charged of indecent conduct by force against the victim G (the name of the victim), and found the defendant guilty on the charges of attempted rape in relation to the crime. Only the defendant appealed against the guilty part of the judgment below, and the prosecutor did not appeal against the acquittal part of the reasons.
Thus, the part of innocence in the above reasoning is also reversed together with the part of the judgment of conviction. However, this part is already excluded from the object of attack and defense between the parties, and it is not determined by this court (see Supreme Court Decision 2004Do5014, Oct. 28, 2004, etc.). Therefore, the part of innocence in the above reasoning should be subject to the conclusion of the judgment of the court below, and it is not decided separately.
2. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (a sentence of imprisonment with prison labor for a period of one year and six months, and an order to complete a sexual assault treatment program of 80 hours) is too unreasonable.
3. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.
Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person who was sentenced to a punishment or a treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which the operation, employment, or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or treatment and custody is completed or exempted.”
However, the law of January 16, 2018.