아동ㆍ청소년의성보호에관한법률위반(강간등상해)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six years.
Sexual assault, 80 hours against the defendant.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 4 years and 6 months, and the second instance judgment: imprisonment with prison labor for 3 years) is too unreasonable.
2. The judgment of the court below and the judgment of the court below of first instance on the defendant's ex officio judgment based on the consolidated examination are sentenced to each of the judgment of the court below and the defendant filed each appeal against the judgment of the court below of first and second, and this court decided to hold a joint hearing on the above two appeals cases. Since the crimes of the court below first and second are concurrent crimes in the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first and second
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for the reversal of authority as seen earlier exist, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as those stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 9, 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the former part of Articles 281 (1), 276 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 297 of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is more severe between the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the bodily injury resulting from confinement shall be imposed);
1. Selection of a sentence of imprisonment with prison labor for a crime of limited imprisonment or damage against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.