아동ㆍ청소년의성보호에관한법률위반(강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for 200 hours.
1. Summary of grounds for appeal;
A. Defendant 1) The facts charged against the Defendant by misapprehending the legal principles
(a) through (c);
The offense of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the offense of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse are committed by a defendant by threatening a victim in the same manner as each other. In such cases, only the offense of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is established, and the offense of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is not established separately.
Nevertheless, the judgment of the court below is in a substantive concurrent relationship with each of the above crimes as separate crimes by each of the above paragraphs.
Therefore, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment.
2) The punishment sentenced by the lower court (a four years of imprisonment, 200 hours’ order) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. In a case where it is impossible or considerably difficult to resist due to the same assault and intimidation, and where a series of sexual intercourse continues several times, it shall be deemed as a single continuous act in view of the criminal’s intent, the time and place of crime, and so long as it can be deemed as a single continuous act (see, e.g., Supreme Court Decisions 70Do1516, Sept. 29, 1970; 2002Do2581, Sept. 4, 2002). If a single and continuous act in an opportunity to commit rape against the same victim, and the legal interests and interests are identical, the crime of rape in total is established, and similar rape does not constitute a separate crime by absorbing the crime of rape.
It is reasonable to view it.
Of the facts charged against the defendant, the defendant's clothes from the victim's room on January 16, 2016.