성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for seven years.
seizure from the defendant.
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. The lower court found Defendant 2-A(1) guilty of the crime of Article 2-2(1)1 of the lower judgment of the first instance judgment, but the Defendant and the person who requested the attachment order (hereinafter “Defendant”) did not commit an indecent act by force against the victim and take photographs against his/her will as stated in the relevant judgment.
Therefore, there is an error of misunderstanding of facts.
2) The second instance court of the second instance judgment, as stated in its reasoning, committed an indecent act by the Defendant against the victim.
However, the defendant did not commit an indecent act against the victim by force.
Therefore, there is an error of misunderstanding of facts.
B. Sentencing 1) The sentence sentenced to the Defendant in the instant case (the first instance judgment: imprisonment with prison labor for 6 years, etc.; imprisonment with prison labor for 4 years, etc. of the second instance judgment) is too unreasonable.
2) The period of the attachment order issued to the Defendant in the case of the attachment order (No. 1: 6 years, and No. 2: 10 years) is too prolonged and unfair.
2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.
The defendant filed an appeal against the judgment below, and each appeal case became concurrently examined in the court.
Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, the part of the judgment of the court below in the case of the defendant cannot be reversed.
In addition, the part of the judgment of the court below regarding the attachment order among several specific crimes should also be sentenced to one attachment order within the increased period of attachment pursuant to Article 9 (2) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., and thus, it cannot be maintained.
Therefore, the judgment of the court below cannot be reversed in its entirety.
Han 2018.