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(영문) 부산고등법원 (창원) 2019.06.05 2019노75
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

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

(b) the defendant;

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for a maximum term of three years and six years and two years and six months and 40 hours and 40 hours and hours of completing sexual assault treatment programs) that the court below sentenced to the defendant is too unreasonable.

2. Determination ex officio is made by the Defendant, as H students, who met the first day of January in the year when he reaches the age of 19 as prescribed in the proviso to Article 2 subparagraph 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse on January 1, 2019, and the Defendant at the time when the lower judgment was declared ( February 14, 2019) is not a child or juvenile prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the lower court’s determination that the Defendant exempted the Defendant from issuing an order for disclosure and notification on the ground that he/she is a child or juvenile prescribed in the

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the relevant Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking pictures using carmeras, etc. and the choice of imprisonment);

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments for two crimes);

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. Punishment of sexual assault crimes committed to order;

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