Text
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment with prison labor for a maximum of four years and a short of three years.
Reasons
Judgment ex officio
A. If an act of similarity under a single and continuous criminal offense committed in an opportunity to rape and the benefit and protection of the law is identical, the act of similarity is a single and comprehensive crime of rape in total, and it does not constitute a separate crime by absorbing rape.
It is reasonable to view it.
B. 1) The facts charged that the lower court found guilty on February 13, 2015 and on February 22 of the same month constituted a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact) and a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) are as follows.
A) On February 13, 2015, the Defendant: (a) took advantage of the Defendant’s Mesenger’s Mesenger’s Mesenger’s Mesenger near the O located in Seosan-si, Seosan-si; and (b) took advantage of the Mesenger’s Mesenger’s Mesenger’s Mesenger’
“The victim is threatened to the effect that the victim would spread the video of this case without responding to sexual relations by sending the message of this content, and the victim was sent to public toilets near the square of this case at around 12:48 on the same day, and the victim was sent to public toilets near the square of this case, and the victim will enter the toilet first, and the defendant followed the victim into the toilet of this case, and the victim will delete the victim’s video of this case “the victim will have sexual relations terminated.”
"To the end, the defendant exceeded his clothes, and inserted his sexual organ into the victim's sexual organ in the victim's sexual organ, and put the victim's sexual organ into the victim's inner organ.
As a result, the defendant, through intimidation, committed rape to a juvenile victim and put the sexual organ inside the mouth.
B) On February 22, 2015, the Defendant: (a) around February 22, 2015, using the Defendant’s Messenger from the Messen from the Messen from the Messenger to the Defendant “I
“The message sent to them, but the victim would not be mistaken.”
The same day shall be the victim who sent a message containing the phrase “orthing” to the effect that the victim would spread the dynamic image without responding to the sexual relation, and the victim who drinked it.