아동ㆍ청소년의성보호에관한법률위반(강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to go too much so that it is unfair, and the prosecutor asserts that it is too unhued and unfair for the prosecutor.
2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor tried to examine the defendant's judgment ex officio, and the defendant's name of the crime "violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (comprehion)," and "Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse" in the applicable legal provisions "Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse," and " By doing so, the defendant applied for the amendment of the Act to "as such amendment, the defendant applied for the amendment to the Act on the Protection of Children and Juveniles against Sexual Abuse, who is a child or juvenile, and detained the victim at the same time by assault or intimidation, by force," and therefore, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with the above reasoning, on the grounds that there is a ground for reversal ex officio as above.
[Majority Opinion] The summary of facts constituting an offense and evidence admitted by the court and the summary of the evidence are as follows: (a) except that the Defendant revises the two last two of the judgment of the court below to the effect that “the Defendant, by force, has sexual intercourse with the victim who is a child or juvenile, and has detained the victim at the same time,” and thus, it is identical to each corresponding column of the judgment of the court below, thereby citing it by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;