성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
Sexual assault against the defendant for 80 hours.
1. The main point of the grounds for appeal is that the lower court’s punishment (five years of imprisonment, 80 hours of order to complete the course) is too heavy or unreasonable.
2. Ex officio determination
A. The lower court held that ① a crime of violating the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) and a crime of violating the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Quasi-Rape under the age of 13) as indicated in the judgment of the lower court in a commercial concurrent relationship shall be sentenced to the punishment prescribed for a crime of violating the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) and a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment of the lower court, and a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives under the age of 13) and a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment of the lower court shall be sentenced to the punishment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives by Relatives) and the punishment for a violation of the Act on the Protection of Children from Sexual Abuse of Children (B).
B. However, the statutory penalty for the crime of violation of the Act on the Punishment, etc. of Sexual Crimes is imprisonment with prison labor for not less than seven years, and the statutory penalty for the crime of violation of the Act on the Protection of Children from Sexual Abuse, as stated in the judgment below, is imprisonment with prison labor for life or for not less than five years, and where a single act stipulated in Article 40 of the Criminal Act constitutes several crimes, “the punishment prescribed for the most serious crime” refers to several crimes.