아동ㆍ청소년의성보호에관한법률위반(성매수등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (ten months of imprisonment, two years of suspended execution, and forty hours of sexual assault treatment programs) is too unfased and unreasonable;
2. Before determining the grounds for appeal by the public prosecutor, the fact that the violation of the Road Traffic Act due to the refusal to measure the alcohol at the time of the original adjudication falls under Article 148-2 (1) 2 of the Road Traffic Act, and the statutory penalty is imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than five million won but not more than ten million won, and the court below sentenced ten months of imprisonment with prison labor less than the minimum statutory penalty without legal mitigation or discretionary mitigation after selecting the imprisonment. In this regard, the reversal of the judgment of the court below cannot be exempt.
3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 10(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Articles 148-2(1)2 and 44(2) of the Road Traffic Act (a) concerning criminal facts;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with heavy punishment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, but the lower limit thereof shall be based on the punishment prescribed for the violation of the Road Traffic Act);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant reflects his gender, and the fact that there is no record of punishment heavier than the fine);
1. Suspension of execution under Article 62(1) of the Criminal Act ( considered as grounds for discretionary mitigation)