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(영문) 서울고등법원 (춘천) 2016.01.25 2015노220
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

80 hours against the defendant.

Reasons

1. Progress of litigation;

A. The lower court found the Defendant guilty of all of the charges charged against the Defendant (the violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse, the violation of the Act on the Protection of Children’s Juveniles against Sexual Abuse, the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) and the violation of the Act on the Punishment of Violences, etc. (a collective weapon, etc.), and sentenced the Defendant to three years of imprisonment, the short-term two years, and the completion of the sexual assault treatment program

2) The Defendant appealed from the judgment of the first instance on the grounds of mistake of facts as to the remainder other than a partial assault and unfair sentencing, and the prosecutor appealed from the judgment of the first instance on the grounds of unfair sentencing.

3) Prior to remand, the lower court’s judgment that rendered a single sentence is reversed in entirety on the grounds that the Defendant partially accepted the Defendant’s appeal and acquitted the Defendant on the violation of the Act on the Protection of Juveniles from Sexual Abuse (rape-rape) against the victim C on October 2012, and the remaining criminal facts were guilty, respectively, and that the lower court rendered a single sentence on the part of the aforementioned conviction in concurrent crimes under the former part of Article 37 of the Criminal Act was reversed, and sentenced to three years of imprisonment, two years of short-term, and 80 hours of completion of the sexual assault treatment program.

4) The Defendant filed an appeal against part of the judgment of the court of first instance on the same grounds as the grounds for appeal, and the Supreme Court did not accept the Defendant’s appeal. However, the Supreme Court rendered a judgment prior to remanding the case, and rendered a decision of unconstitutionality as to Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) that applied the lower court with respect to intimidation to carry with a deadly weapon, which applied by the lower court (amended by Act No. 12896, Dec. 30, 2014) regarding “a person who committed a crime under Article 283(1) of the Criminal Act by carrying with a deadly weapon or other dangerous articles” (see Constitutional Court Decision 2014HunBa154, Sept. 24, 2015). Accordingly, Article 47(3) of the Constitutional Court Act of the Republic of Korea.

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