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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
For a period of 10 years, the information on the defendant.
Reasons
1. The summary of the grounds for appeal (seven years of imprisonment) by the lower court is too unreasonable.
2. The lower court, ex officio, ordered the Defendant to attend the sexual assault therapy for 40 hours by applying Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
However, Article 4 of the Addenda of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010) and Article 16 (2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010) provide that a person who committed a sexual crime may be placed on probation, community service, or order him/her to attend a school where the execution of a sentence is suspended, and in all cases where a court issues a conviction (excluding postponement of a sentence), the system that may be concurrently imposed an order to attend a school or order to attend a school may be concurrently imposed upon him/her under Article 16 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which was amended by Act No. 10567, Apr. 7, 201; Article 1056 (2) of the Addenda of the Act on the Punishment, etc. of Sexual Crimes.
In the case of this case, it is obvious that the sexual crime date of the defendant committed on June 3, 2004, which is the crime before the concurrent enforcement of the order to receive the completion of a trial at the time of conviction under the above amended Act, and the order to attend school may not be concurrently imposed under the former Act, unless the court below has sentenced the defendant to a suspended execution.
Therefore, although the above revised Act does not apply to the defendant, the court below ordered the defendant to attend the sexual assault treatment course while sentenced to a seven-year imprisonment, which affected the judgment of the court below.
As such, it shall be.