아동ㆍ청소년의성보호에관한법률위반(강간등)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that from the date of this judgment.
1. The punishment of each original court (the judgment of the first instance court: the suspended sentence of three years and the judgment of the second instance: the suspended sentence of two years and six months, and the suspended sentence of one year and six months: the suspended sentence of two years in one year and six months), including the disposition incidental to the summary of the grounds for appeal, is too unreasonable; and
2. The case of this court 2013No673, the appeal case against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, ex officio prior to the judgment on the grounds for appeal by the defendant. The case of this court 2013No673, which is the case of appeal against the judgment of the court of second instance, was consolidated in the procedure of the oral argument. Each crime of the judgment of the court below 1 and 2 is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes under Article 38(1) of the Criminal
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, on the ground that the above reasons for reversal of authority as above exist, and it is again decided as follows.
【Grounds for new convictions】 Facts constituting a crime and summary of evidence recognized by this court are all identical to facts constituting a crime in the judgment of the court of first and second instance, and the summary of evidence is identical to each corresponding part of the judgment of the court of first and second instances, thereby citing them as they are in accordance with Article 3
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the judgment of the first instance court: Article 7(1) and (6) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012);
B. Decision 1 of the second instance court: Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1)2 of the Criminal Act, violation of the Juvenile Protection Act: Article 3 of the Addenda to the Juvenile Protection Act (Act No. 11048, Sep. 15, 201); Article 11048 of the former Juvenile Protection Act.