아동ㆍ청소년의성보호에관한법률위반(강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
information about the defendant for five years.
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (1) Defendant case (A) at the time of committing the instant crime with mental disability, the Defendant was in a state of mental disability under the influence of alcohol.
(B) In light of the circumstances of unfair sentencing against the Defendant, the sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
(2) The lower court’s finding the Defendant’s request for the instant attachment order is unlawful, even though the Defendant’s occurrence of sexual crime and the risk of recidivism is not recognized.
B. In light of the circumstances against the prosecutor’s defendant, the sentence imposed by the court below (two years of imprisonment) is too unhued and unfair.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes provides that "in case where a person has been sentenced to punishment for a specific violent crime and has again committed a specific violent crime within three years after the completion or exemption of the execution, punishment shall be aggravated by up to twice the long-term or short-term punishment prescribed for such crime." Article 2 (1) of the Act lists "specific violent crimes" which are subject to the above Act. Thus, the court should punish the defendant who again committed such violent crime within three years after having been sentenced to punishment for violent crimes listed in Article 2 of the above Act on Special Cases and completed or exempted, and punish him/her as a repeated crime under Article 3 of the above Act, which is not Article 35 of the Criminal Act, and the prosecutor stated in the indictment that Article 35 of the Act on Special Cases Concerning the Punishment of Specific violent Crimes applies to him/her in the indictment while he/she prosecuted the defendant
(2) The Defendant is a person who has committed a crime of indecent act by force at the Gwangju District Court on February 2, 1996, and on June 10, 2005. The Defendant is a person who has committed a crime of indecent act by force at the Suwon District Court on February 2, 1996. The Defendant is a person who has committed a crime of indecent act by force at the Suwon District Court on February 2, 1996.