성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for three years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The sentence imposed by the lower court (two years of imprisonment and three years of suspended execution for a period of June) is too unhued and unreasonable.
According to Article 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), prior to the judgment on the grounds of ex officio appeal, the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is apparent to fall under a sexual crime prescribed by the Sexual Crimes Punishment Act. According to Article 16 (2) of the same Act, where a conviction is rendered against a person who committed such sexual crime except the suspended sentence, an order to attend a course necessary for the prevention of recidivism or order to complete a sexual assault treatment program shall be imposed to the extent that such order does not exceed 50 hours, barring any special circumstances.
In this context, special circumstances where an order to attend a course or order to complete a program refers to cases where, for example, it is considerably difficult or even if it is imposed on the defendant due to physical or mental reasons, such as mental disorder under Article 10 of the Criminal Act, it does not assist the prevention of re-offending. Thus, the court below erred by omitting such order without any explanation to the defendant and thereby affecting the conclusion of the judgment.
In conclusion, the judgment of the court below is based on the above reasons for ex officio reversal, and the decision of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and it is again decided as follows.
Criminal facts
The summary of evidence is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the Act on the Punishment of Sexual Violence and Punishment of Specific Crimes and Article 319(1) of the Criminal Act are applicable;