성폭력범죄의처벌등에관한특례법위반(주거침입강간)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the defendant shall be the defendant for a period of five years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. Before making ex officio determination on the grounds for ex officio appeal, the Prosecutor applied the instant indictment to “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)” in the first instance of the trial, and the applicable legal provision to “Article 8(1) and Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 297 of the Criminal Act” as “Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 297 of the Criminal Act,” and applied legal provision to “an ex officio application for changes to the indictment with the same content as that of the judgment on the grounds for re-use of the charge,” respectively, and the subject of the judgment was changed by this court.
Therefore, the judgment of the court below against the defendant was no longer maintained.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
[Grounds for the lower judgment] On August 9, 2015, the Defendant, at around 03:30 on August 9, 2015, went into the house of the victim D (n, 54 years old) located in Namnam-gun C, and entered the house instead of the wall of the widthproof, and opened a glass screen and entered the ward to intrude into the victim’s residence.
The defendant reported the victim who was divingd in his ward and rhym the body of the victim, and found the victim who was the victim.
The death of a sound le shall be discarded.
“In doing so, on the hand, she is placed on the wall so as to make the victim take a fright, and let the victim take a fright, and prevent the victim from resisting the fright, and make the victim enter the Defendant’s sexual flag and resistance promptly.