성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for ten years.
Sexual assault against the defendant for 200 hours.
1. Summary of grounds for appeal;
A. The Defendant, under the agreement with the victim, was sexual intercourse only with the victim, and did not have sexual intercourse against the victim’s will, and even though the victim’s chest was found to have sexual intercourse, this does not constitute an indecent act against the victim’s will, not by the victim’s request showing symptoms of sexual intercourse.
Nevertheless, the court below convicted all of the charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives). The court below erred by misapprehending the facts.
B. The sentence of the lower court’s unfair sentencing (13 years of imprisonment and 200 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. We examine ex officio the defendant's grounds for appeal prior to judgment on the grounds for appeal.
Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives, etc.) among the facts charged against the accused, as a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(5) and Article 7(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes applicable to each of the facts charged against him/her, and Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes applicable to each of the facts charged against him/her, and the court has permitted each of the facts charged against him/her and changed them to be tried.
Therefore, the court below held that the violation of this part of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant (indecent act by blood) is concurrent crimes.
Since a single sentence has been sentenced, the judgment of the court below should be reversed in its entirety.
3. Accordingly, the judgment of the court below is reversed ex officio as seen earlier.