성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment, 80 hours of sexual assault treatment program) is too unreasonable.
B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is too unfasible and unfair. 2) Although there are no special circumstances that may not disclose or notify the personal information of the Defendant, it is unreasonable for the lower court to impose an order to disclose or notify the Defendant’s personal information.
2. Before the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) against the Defendant as stated in the lower judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. However, the lower court erred by omitting aggravated punishment in applying the relevant Acts and subordinate statutes, thereby making it impossible to maintain the lower court’s judgment, since the scope of statutory
3. Accordingly, 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, Article 299 of the Criminal Act, 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 each of the crimes;
1.Article 40, Section 40, of the Criminal Code of Trade and Trade.