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(영문) 서울고등법원 2017.11.21 2017노3028
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and six months, and a short term of one year and six months.

(b) the defendant;

Reasons

The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (long-term two years and six months, short-term one year and six months, etc.) is too unreasonable.

According to the records of ex officio determination, the defendant was sentenced to a suspended sentence of four months for a crime of intrusion upon residence at the Incheon District Court on October 12, 2017, and the judgment became final and conclusive on October 20 of the same month. As such, the crime of this case and the above crime of intrusion upon residence for which the judgment became final and conclusive are concurrent crimes in relation to a group after Article 37 of the Criminal Act, and should be sentenced in consideration of equity with the case where the judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act, so the judgment of the court below cannot be maintained.

Therefore, 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, and it is again decided as follows.

【The grounds for the judgment in force】 The facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are the first head of the crime of the judgment of the court below. The judgment below became final and conclusive on October 12, 2017 on the 20th of the same month.

With the exception of adding "," it is the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (a defendant is deemed to be a juvenile in light of his/her characteristics, and thus, is deemed to be reasonable in light of his/her characteristics);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes above and the crimes of intrusion upon residence for which judgment has become final and conclusive);

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment

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