아동ㆍ청소년의성보호에관한법률위반(강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.
80 hours per the defendant.
Summary of Grounds for Appeal
The punishment sentenced by the court below (long-term three years of imprisonment, short-term two years and six months) is too unreasonable.
Before the judgment on the grounds for appeal by the defendant's ex officio, the court below, on March 25, 2014, deemed the defendant's act of inserting the defendant's fingers into the victim's negative part and the act of inserting the defendant's sexual organ into the victim's entrance on May 25, 2014 and applied the defendant's sexual organ as substantive concurrent crimes in light of separate criminal acts distinct from the defendant's attempted sexual intercourse with the victim's attempted sexual intercourse with the victim on May 25, 2014.
Article 7(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that a person who puts a sexual organ into the inner part of his/her body (excluding a sexual organ), such as mouth, anus, etc. (excluding a sexual organ), a part of his/her body (excluding a sexual organ), or a person who puts his/her bodily organ (excluding a sexual organ), such as fingers, into anus, by assault or intimidation, shall be punished by imprisonment for a limited term of at least five years, and that a person who commits an indecent act against a child or juvenile is more severe than other indecent act by compulsion.
However, if such an act was committed in a series of processes to commit rape against a child or juvenile, and it is not necessary to punish a child or juvenile separately from the act of rape, only the crime of rape against the child or juvenile shall be established, and such an act shall be deemed as an act of indivating the crime of rape against the child or juvenile as an act of indivating the crime of rape against the child or juvenile. This legal principle also applies where the crime of rape against the child or juvenile was committed.
However, in the case of this case, the defendant committed a similar rape immediately before and after the crime of attempted rape was committed in the same place as the crime of attempted rape in the decision of the court below, and immediately thereafter, the defendant attempted to have sexual intercourse with the victim, but rape at the wind of the victim.