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(영문) 광주고등법원 2018.05.24 2016노453

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

We reverse the judgment of the court below.

The punishment of the accused shall be three years of imprisonment.

40 hours per the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. On the judgment of the court below, the judgment of the court below Nos. 1, 2, and 3 against the defendant, the defendant appealed against the judgment of the court below, and this court decided to hold a joint hearing of each appeal case.

The crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, and thus, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in its entirety without examining the defendant's unfair argument of sentencing, and the following is determined through oral argument, since the above grounds for reversal are established ex officio.

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to the relevant column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act on the election of the punishment (absent point, ad hoc of imprisonment), Article 347(1) (a) of the Criminal Act, Articles 15 and 6(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283(1) (a) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 283 of the same Act on the Protection of Children and Juveniles against Sexual Abuse (absive child) (absent child)

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act [limited to any unregistered crime or any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of Persons with Disabilities)];

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the lowest penalty shall be the concurrent crimes with disabilities as provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, the largest penalty shall be aggravated: Provided, That the lowest penalty shall be the same;