아동ㆍ청소년의성보호에관한법률위반등
The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
The defendant shall be punished by imprisonment for seven years and a fine.
1. The first instance court found the Defendant to be guilty of the part regarding the instant case and rendered a judgment dismissing the prosecutor’s claim regarding the part regarding the claim for the attachment order, and only the Defendant and the requester for the protective observation order (hereinafter “Defendant”) appealed against the part regarding the claim for the attachment order.
Therefore, the part of the judgment of the court of first instance regarding the claim for attachment order is excluded from the scope of the trial of this court, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., for lack of benefit from appeal.
2. Improper sentencing of the summary of the grounds for appeal (as to the whole of the judgment of the court of first instance: Imprisonment with prison labor for 7 years, and fine for 2 million won) of the court of first instance is too heavy.
3. Determination
A. In the judgment of the court of first instance, the part of the judgment of the court of first instance regarding the defendant's case and the part of the judgment of the court of second instance concerning the reasons for the above appeal, prior to the judgment of the court of second instance, the defendant filed an appeal against both the judgment of the court of first instance and the judgment of the court of second instance, and the court of second instance decided to jointly examine the two appeals cases. The crimes of the judgment of first and second in the judgment of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act. Thus, all the judgment of the court of
B. Of the judgment of the first instance court, the first instance court rendered a judgment on the part of the claim for the order to observe the protective order against the Defendant.
As long as the defendant has lodged an appeal against the defendant's case of the first instance judgment, it is deemed that an appeal has been filed against the case of the defendant under Articles 21-8 and 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc., but this part of the petition of appeal or the statement of reasons for appeal submitted by the defendant.