성폭력범죄의처벌등에관한특례법위반(강간등상해)등
1. The part of the judgment below on the defendant is reversed.
2. The defendant shall be punished by imprisonment with prison labor for five years;
3. The defendant.
1. Summary of grounds for appeal;
A. The Defendant and the claimant for the observation order to be protected (hereinafter Defendant 1) did not err by misapprehending the facts and by misapprehending the legal principles, and the Defendant did not detain the victim.
B) The Defendant did not have committed an indecent act by inserting the victim’s sound with a studio or inserting the fingers into the sound book.
In addition, even though the lower court rendered a not guilty verdict on the part of rape and rendered a guilty verdict on only the charge of coercion, it applied Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning Rape, etc.
2) The sentence of the lower court’s improper sentencing (five years of imprisonment) is too unreasonable.
B. In full view of the evidence, such as the statement of the victim by mistake of facts, the court below found the Defendant guilty of the primary charge of rape, although it could be found that the Defendant had intentionally committed rape, and otherwise erred by misapprehending the facts, thereby affecting the conclusion of the judgment.
2) The lower court’s improper sentencing is too unfortunate and unreasonable.
2. Determination
A. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Apr. 16, 2018; Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "the Act") stipulates that the period of restriction on employment by Defendant of each case shall be differentiated within a 10-year period, considering the seriousness of each offense, risk of recidivism, etc., on which Article 3 of the Addenda of the Act on the Protection of Children and Juveniles from Sexual Abuse (hereinafter referred to as "the Act") provides that the amended provisions of Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall also apply to a person who has committed a sex offense before July 17, 2018.