아동ㆍ청소년의성보호에관한법률위반(강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for 13 years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. The lower court’s sentence (a three years of imprisonment and 80 hours of completion of sexual assault treatment programs) against the Defendant and the person who requested the attachment order and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable.
나. 검사 1) 사실 오인 및 법리 오해( 이유 무죄 부분) 피고인과 피해자 C( 가명) 의 관계나 당시 정황 등에 비추어 보면 피고인이 피해자의 몸 전체를 혀로 핥고 피해자의 팬티를 내린 후 강제로 피고인의 성기를 피해자의 음부에 삽입함으로써 피해자의 반항을 억압하거나 현저히 곤란하게 할 정도의 유형력을 행사하였음을 충분히 인정할 수 있다.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous as affecting the conclusion of the judgment.
2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.
3) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device, despite the risk that the Defendant would recommit sexual assault crimes.
2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.
In the past trial, the prosecutor added "rape-rape-rape" to the name of the crime, "Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse", "Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape by Relatives)", and "Article 7 (4) and (6) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 5 (3) and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act" to the applicable law, respectively, and applied for amendments to the indictment in the case of 2016, 231, as stated below, and the subject of adjudication was changed by this court's permission.
However, the revised facts charged are found guilty as shown below, which is the remainder of the decision of the court below and the upper part of Article 37 of the Criminal Code.