아동ㆍ청소년의성보호에관한법률위반(강간)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
80 hours against the defendant.
1. The summary of the grounds for appeal is unreasonable because the sentence (the first instance judgment: imprisonment with prison labor for three years and the second instance judgment: imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable considering the fact that the Defendant is in depth of his mistake.
2. Prior to the judgment on the grounds for appeal, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the defendant filed an appeal against them, and the court decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court of first instance cannot
3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 7 (1) and (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of sexual intercourse by force, the choice of limited imprisonment), Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of rape and the choice of limited imprisonment), Articles 17 and 7 of the Act on the Protection of and Support for Missing Children, etc. (the occupation of protecting unreported Children and Juveniles against Sexual Abuse and the Selection of Imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, the most severe punishment and the crime committed];
1. Discretionary mitigation Criminal Act;