아동ㆍ청소년의성보호에관한법률위반(강간)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for three years;
3.However, for a period of five years from the date this judgment becomes final and conclusive.
1. The summary of the reasons for appeal (the maximum of four years of imprisonment, the short of three years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the records, the defendant was a juvenile under Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the court below, but the defendant has reached the age of majority, so the judgment of the court below that sentenced the defendant to an irregular sentence under the Juvenile Act cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
【Grounds for Appeal】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of
Application of Statutes
1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant legal provisions and punishment for the crime;
2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the criminal sentence];
3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
4. Reasons for sentencing under the main sentence of Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
1. Imprisonment with prison labor for a period of two years and six months from June to June 22;
2. The sentencing guidelines for sentencing are applicable only to adult defendants who are not juveniles, and the subjective scope of the sentencing guidelines is applied to "defendants who turn 19 years old at the time of institution of public prosecution" in the sentencing guidelines. Thus, even though the defendant is found to have reached the age of 19.