아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, etc.) is too unhued and unfair.
2. Reviewing the reasoning of the prosecutor’s appeal ex officio prior to the judgment on the grounds for appeal by the ex officio, the record reveals that the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for a crime of fraud at the Suwon Fagwon on July 18, 2017 and the judgment became final and conclusive on July 26, 2017.
Therefore, inasmuch as the crime of violation of the Act on the Protection of Juveniles against Sexual Abuse in the holding of the lower judgment is in the relationship between the above fraud for which a judgment becomes final and conclusive and the concurrent crimes of the latter part of Article 37 of the Criminal Act, a punishment shall be determined by taking into account the equity with the case where a judgment is rendered at the same time pursuant to the main sentence of Article 39(1) of the Criminal Act,
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is again decided as follows.
【Grounds for the Judgment of the Court in other words] Criminal facts and summary of evidence recognized by the Court in this Court, the first head of the lower judgment’s criminal facts and summary of evidence was sentenced to imprisonment with prison labor for one year from July 18, 2017 to two years, and the judgment became final and conclusive on July 26, 2017.
“A previous conviction in the judgment of the court below” is added to “a prior conviction in the judgment of the court below: A criminal history inquiry, investigation report (a copy of the judgment, and a summary information inquiry of the case),” and it is identical to each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;