아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. The sentence of the lower court (four years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. We examine ex officio prior to the determination of unfair sentencing by both ex officio determination parties.
Article 56(1) and (2) 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, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court has set a differential period of restriction on employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda of the above Act provides that Article 56 of the Act provides that the amended provisions of Article 56 shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence is as shown in the judgment below.
Application of Statutes
1. Relevant legal provisions and Articles 7(5) and 7(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse (which means the negative point between the power of juveniles and the choice of imprisonment with prison labor), Articles 7(5) and 7(3) of the Act on the Protection of Juveniles against Sexual Abuse (which means the indecent act by force of juveniles, the choice of imprisonment with prison labor), Articles 59 subparag. 6 and 28(1) of the Juvenile Protection Act (which means the sale of drugs harmful to juveniles, and the choice of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;