마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
Sexual assault against the defendant for forty hours.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant, on the date and time indicated in the facts charged, had the victim and “E cafeteria” drinked a boom, but there was no fact that the Defendant got the victim into the water so that the victim can drink the water or taken the body of the victim.
2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (excluding a suspended sentence) shall be concurrently imposed on a person who has committed a sexual crime, except in extenuating circumstances, an order to attend a lecture or order to complete a sexual assault treatment program for a period not exceeding 500 hours, which is necessary for the prevention of recidivism.
“.......”
The lower court, among the facts charged in the instant case, found guilty of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), did not concurrently impose an order to attend a course or complete a program.
(A) However, there are special circumstances in which it is impossible to impose an order to attend a course or order to complete a program, even if considering all the circumstances, such as the background of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), the Defendant’s age, sexual behavior, environment, etc.
It is difficult to see it.
Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to "special circumstances" under the proviso of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or as to the requirements for order to attend a course or order to complete a program, which affected the conclusion of the judgment. In this regard,
However, there are reasons for the above ex officio reversal.