아동ㆍ청소년의성보호에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (a three-year imprisonment, etc.).
2. On February 5, 2020, the Defendant was sentenced to 10 months of imprisonment by the Incheon District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and appealed from the above judgment. However, on September 18, 2020, the above judgment became final and conclusive around that time after being sentenced to dismissal by the same court.
Since each crime in the judgment of the court below is one of the concurrent crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.) and the latter part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and the following is decided through pleading.
[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by the court, and the summary of the evidence, are all criminal facts of the judgment of the court below. The judgment of the court below, "The defendant was sentenced to 10 months of imprisonment by the Incheon District Court on February 5, 2020 due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.). However, the judgment dismissed by the same court on September 18, 2020, and the above judgment became final and conclusive around that time.
“A summary of the evidence is as follows, except for the addition of “the text of the judgment (the Incheon District Court 2019 High Court 7067 High Court 2019 High Court 7067) and the text of the judgment (the Incheon District Court 2020No. 614)” to the end of the text of the evidence, and as such, it is identical to the corresponding column of the judgment of the court below, thereby
Application of Statutes
1. Article 7(6), (5), and (1) (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse (an attempted crime between juveniles by force and an organic imprisonment), Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 257 of the Criminal Act.