성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. In relation to the crime No. 3 of the facts stated in the judgment below by misunderstanding the facts or misapprehending the legal principles, since the Defendant voluntarily ceased to commit the crime on the ground that the Defendant was unaware of the victim’s sexual intercourse, this constitutes an attempted suspension.
B. The punishment sentenced by the lower court against the Defendant (six years of imprisonment) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
A. As to Article 3 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Prosecutor changed the former facts charged into “a person who intends to engage in sexual intercourse by force” to “a person who intends to engage in sexual intercourse by force” and Article 7(5) and Article 7(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” and “Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” were added to “a person who is under 13 years of age and is subject to the judgment by this Court.”
On the other hand, as seen below, the judgment of the court below which convicted of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under the age of 13), which is the primary charge, is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles, thereby affecting the conclusion of the judgment.
B. On November 2015, the summary of this part of the facts charged is as follows: (a) the Defendant, at the home of D, FF loan No. 7j 101 located in the Nam-gu Incheon Metropolitan City, at around 20:00, at the end of 20:0, the Defendant, who reported television at the inside and outside of the inside of the inside of the Republic of Korea, was able to take the responsibility for the victim by inserting her hand into the victim’s good will and panty, and the Defendant and panty are knee.