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(영문) 대전고등법원 (청주) 2018.09.13 2018노87
강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a punishment of imprisonment with prison labor for three years and 40 hours and orders to complete sexual assault treatment programs) against the Defendant is too unreasonable.

2. We examine ex officio prior to the determination of the Defendant’s improper assertion of sentencing.

Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for a sex offense against children, juveniles, or adults, was amended by Act No. 15352, Jan. 16, 2018; and Article 56 (1) and (2) of the same Act provides that the court shall determine the restriction period within the extent of ten years, considering the seriousness of the offense, the risk of recidivism, etc. while imposing a punishment for an individual sex offense case, and Article 3 of the Addenda of the above Act provides that "The amended provisions of Article 56 shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case. Therefore, the judgment below is no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

【The grounds for the judgment in its entirety] The facts constituting a crime and summary of evidence recognized by the court in question and summary of evidence are as follows: 【1. Part of the Defendant’s court statement” in the second and fourth parallel parallel of 4 pages of the judgment of the court below as “1. The Defendant’s court statement at the trial of the court of the court of the court of the first instance” are as stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with

Application of Statutes

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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