(영문) 서울고등법원 2017.06.27 2017노755 | 리걸엔진

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(영문) 서울고등법원 2017.06.27 2017노755

아동ㆍ청소년의성보호에관한법률위반(강간)등

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The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for six years and for three years, respectively.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. On April 23, 2016, the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant A 1”) committed sexual intercourse with the victim B on April 23, 2016 with the victim G (the victim, 16 years of age, 16 years of age, and her name) and was playing in the apartment room. After that, the Defendant’s her sexual intercourse with the victim, the Defendant’s her sexual intercourse with the victim and her sexual intercourse with the victim, and the Defendant’s her sexual intercourse with the victim was caused by the Defendant’s play together with the Defendant’s her sexual intercourse with the victim, and the victim was her sexual intercourse against the victim’s will. Therefore, only the Defendant married with the victim, who is punished for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

2) The punishment sentenced by the lower court to the Defendant (six years of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court on the Defendants (Defendant A: 6 years of imprisonment; 3 years of probation; 4 years of probation; 2 years of probation observation; and 40 hours of sexual assault treatment lectures) is too unfluent and unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant A and the prosecutor prior to the judgment on the grounds for appeal.

1) A prosecutor has reached the trial for the first time, filed an application for changes in the indictment with respect to the facts charged against Defendant A’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and filed an application for changes in the indictment with respect to the facts charged as stated in the judgment below. Since this court permitted this, the judgment of the court below against Defendant A cannot be maintained any longer.

2) As to the facts charged in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Special Act on the Punishment, etc. of Sexual Crimes in the part of the judgment below, the lower court held that the Defendants conspired to commit a crime against the victim’sO (the 15 years of age, 15 years of age and tentative name).

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