아동ㆍ청소년의성보호에관한법률위반(강간)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant is a sexual assault treatment program.
1. Summary of grounds for appeal;
A. The sentencing of the lower court (four years of imprisonment) is too unreasonable.
B. The lower court’s sentencing is too uneasible and unreasonable.
2. The lower court, as indicated in its reasoning, determined the sentence, taking into account the circumstances favorable to the Defendant, and the circumstances favorable to the Defendant.
For the first time, the defendant is recognized to commit the crime in full, and his mistake is divided, and the victim and his mother agree with the victim are the wife of the defendant.
In light of these circumstances, the sentencing of the court below is deemed unfair due to the following factors: the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime.
The grounds for appeal by the defendant are justified, and the prosecutor's argument in the grounds for appeal is without merit.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
【Grounds for the judgment to be used again】 Criminal facts and summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, they shall be quoted pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 7 (6) and (1) of the Act on the Protection of Juveniles from Sexual Abuse, which are applicable to the relevant criminal facts and Articles 7 (6) and (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;
1. Articles 53 and 55(1)3 of the Criminal Act (the consideration of favorable circumstances as seen in the above two paragraphs) of the mitigated amount;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime, and the registration of personal information and the treatment program for sexual assault.