성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant’s punishment (long-term 2 years of imprisonment, short-term 1 year and 3 months) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the defendant was Lind as Lind, and the defendant had already attained majority at the time of the judgment, and the judgment of the court below that sentenced the defendant as a juvenile under juvenile law was no longer maintained.
3. In conclusion, 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 by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 299 of the Criminal Act (a crime of indecent act by compulsion of intrusion upon residence), Article 7(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a crime of indecent act by compulsion of a minor under 13 years of age);
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) ;
1. Selection of alternative abandonment of punishment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Children or juveniles exempt from the disclosure order and notification order;