성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.
We examine ex officio the grounds for appeal for ex officio determination.
The court below held No. 2-A.
paragraphs 1 and 2.
The point of indecent acts by compulsion against children and juveniles in this paragraph is as follows: Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act (legal penalty: imprisonment for a limited term of at least two years or a fine of at least 10,000 won but not exceeding 30,000 won
However, Article 2-A of the holding of the court below.
Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act (legal penalty: imprisonment of at least one year, or a fine of at least 5 million, but not exceeding 20 million won) shall not apply to the crime committed by force on April 201. Thus, Article 7(3) of the current Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act shall not apply to the crime committed by force on the first day of April 2012.
Therefore, the judgment of the court below shall be reversed ex officio as it is erroneous in the application of statutes and affected the conclusion of the judgment.
Therefore, 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, and the judgment below is reversed and it is again decided as follows.
【The reasoning of the judgment in Dao-written] The facts constituting the crime and the summary of the evidence admitted by the court and the summary of the evidence are as follows: (a) each of the facts constituting the crime, i.e., “12 years of age” as “1 years of age”; and (b) the second 15 years of the judgment in the court in the court in the court in the court in the court in the court in the court in the court in the first instance, and (c) the second 17 of the summary of the evidence, with the exception that the “1. part of the defendant’s court in the court in the court in the court in the first instance,” are amended to “1.1.