성폭력범죄의처벌등에관한특례법위반(강간등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.
1. The lower court found the Defendant not guilty on the charges of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and found the Defendant guilty on the charges of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes included therein. Only the Prosecutor appealed against this and asserted only unfair sentencing as to the guilty portion on the grounds of the appeal, and did not submit the grounds for appeal as to the acquittal portion.
Thus, the part of innocence in the above reasoning is also reversed together with the part of the judgment of conviction. However, this part is already excluded from the object of attack and defense between the parties, and it is not determined by this court (see Supreme Court Decision 2004Do5014, Oct. 28, 2004, etc.). Therefore, the part of innocence in the above reasoning should be subject to the conclusion of the judgment of the court below, and it is not decided separately.
2. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (a punishment of imprisonment of three years, a suspended sentence of five years, a observation of protection, and an order to attend a sexual assault treatment lecture for 80 hours) is too unfasible and unreasonable.
3. The grounds for appeal by the prosecutor ex officio are examined ex officio prior to the judgment.
Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person who was sentenced to a punishment or treatment for a sex offense against a child or a sex offense against an adult (hereinafter referred to as "sex offense") shall not operate a facility or a place of business under any of the following subparagraphs (hereinafter referred to as "child-related institution, etc.") nor provide a child-related institution, etc. with employment or actual labor, and the period during which the person is unable to provide his/her operation, employment or actual labor shall be uniformly defined as "the entire period of such punishment or treatment and custody."