성폭력범죄의처벌등에관한특례법위반(장애인피보호자간음)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault against the defendant for 80 hours.
Summary of Reasons for appeal
A. Defendant 1) The prosecutor of the misunderstanding of the legal doctrine indicated each date and time of the facts charged as stated in the judgment of the court below in general, but this does not necessarily interfere with the Defendant’s exercise of the right of defense, and such general indication is not inevitable. Thus, this part of the facts charged was specified.
subsection (b) of this section.
2) The Defendant did not commit at all the crime of sexual intercourse or attempted indecent act as stated in Article 1 of the lower judgment.
The court below mainly found the victim guilty on the basis of the victim's statement, but the victim cannot believe that the victim's statement was made, such as making a large amount of false statements.
② Although Article 2(2) of the original judgment does not compel the Defendant to make a victim’s free will, the lower court found the Defendant guilty on the basis of the victim’s statement that is not reliable.
3) The sentence sentenced by the lower court to the Defendant (five years of imprisonment, 80 hours of order to complete the course) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too unfasible and unfair, and it is also improper to exempt the Defendant from disclosure or notification order.
2. Prior to the judgment on the grounds for appeal ex officio, the Criminal Act was amended by Act No. 13719, Jan. 6, 2016, which was after the judgment of the court below, and the statutory penalty under Article 324 of the Criminal Act, which was the legal provision applicable to the crime of coercion of this case, is changed to “a imprisonment for not more than five years or a fine not exceeding 30 million won” from “a imprisonment for not more than five years or a fine not exceeding 30 million won.” This can be said to be an alteration of the statutory punishment that can be easily determined on the grounds that the previous statutory punishment, which was provided only for imprisonment, was too excessive. As such, the new law after the amendment, pursuant to Article 1(2) of the Criminal Act, shall be applied to the crime of coercion of this case.
Therefore, prior to the amendment, the crime of coercion of this case is the Gu.