아동ㆍ청소년의성보호에관한법률위반(준강간등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is that of the lower court’s punishment (two years of imprisonment with prison labor for a maximum term, one year and six months for a short term) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant was examined ex officio, and it is apparent that the defendant had been a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it has reached the age of majority in the trial. Thus, the judgment of the court below which sentenced the defendant to an irregular sentence cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.
【Grounds for new conviction】 Criminal facts and summary of evidence recognized by this court are identical to the facts constituting the offense and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):
1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, December 18, 2012), Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. In light of Articles 1 and 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11047, Sept. 15, 201), the proviso to Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, the circumstances leading to the instant crime, Defendant’s age, character and conduct, family environment, criminal record, etc., for which disclosure and notification order is exempted, it is determined that the risk of recidivism by the Defendant is not high.