성폭력범죄의처벌등에관한특례법위반(주거침입강간)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 40 hours against the defendant.
1. The sentencing of the court below is too inappropriate.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
The prosecutor filed an application for changes in the bill of amendment with the content that the last sentence of the charge of this case "the victim's residence" is changed to "the room possessed by the victim," and this court permitted the change to the subject of the judgment, so the judgment of the court below is no longer maintained.
3. Therefore, 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 below is again decided as follows after oral argument.
【Grounds for the Judgment of the court which has been written] The facts constituting a crime and summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, except for the case where the part of the "victim's residence" in Part 14 of the second part of the judgment of the court below is used as "the room possessed by the victim", and thus, it is cited as it is
Application of Statutes
1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act, the selection of imprisonment for a limited term, and the selection of a punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The defendant's disadvantage resulting from the defendant's age, power, risk of re-offending, circumstance and method of committing the instant crime, disclosure and notification order, which is acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Order, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse