강간등
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 three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. 1) With respect to the crime under paragraph (1) of the judgment of the court below (violation of Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) in the judgment of the court below, the defendant is the victim D (Gameras, 19 years of age, hereinafter "victim").
(2) In relation to the crime (Rape) set forth in paragraph (2) of the judgment below, the Defendant had sexual intercourse with the victim under an agreement with the victim and exercised certain force at the victim’s request at the time of sexual intercourse. As such, the Defendant did not rape the victim as stated in this part of the facts charged.
3) Nevertheless, the lower court found all of the facts charged in this case guilty on the basis of the statements, etc. of the victim without credibility. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine. (b) The lower court’s sentencing is too unreasonable. C. It is unreasonable for the lower court to order the Defendant to put an employment restriction for three years at a child or juvenile-related institution, etc. on the grounds of the Defendant’s appeal on December 11, 2018. It is deemed ex officio prior to the lower court’s ex officio determination on the grounds for appeal by the Defendant. Article 59-3(1) of the Act on Welfare of Persons with Disabilities prior to the amendment by Act No. 15904, Dec. 11, 2018, Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes
A) A person for whom a sentence of imprisonment or medical treatment and custody has become final and conclusive is prescribed in a uniform manner to prevent the operation of welfare facilities for persons with disabilities or the provision of employment or actual labor to welfare facilities for persons with disabilities (hereinafter referred to as “period of restriction on employment”).
10 years have been set uniformly.
However, the above Act No. 15904 is amended.