성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)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 80 hours.
1. The summary of the reasons for appeal is too unreasonable that the sentence imposed by the court below (7 years of imprisonment, 80 hours of order to complete the course) is too unreasonable.
2. Before ex officio determination on the grounds for ex officio appeal, the Prosecutor changed the facts charged in the instant case at the trial of the competent court to the following facts charged; the name and applicable provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the “violation of the Act on the Protection of Children and Juveniles against Sexual Abuse”; Article 5(3) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 29 and 40 of the Criminal Act; Article 7(5) and (3) of the Act on Special Cases Concerning the Protection of Children and Juveniles against Sexual Abuse; Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act; Article 5 of the Act on Special Cases Concerning the Punishment, etc. of Children and Juveniles against Sexual Crimes; Article 7(4) of the Act on Special Cases Concerning the Protection of Children and Juveniles against Sexual Abuse; Article 5(5) of the Act.
Therefore, the judgment of the court below which found guilty of the facts charged prior to the above amendment was no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, on the grounds that the above reasons for appeal are reversed ex officio, and the judgment below is reversed and it is again decided as follows.
Punishment of the crime
1...