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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
Judgment ex officio is made.
1. The evaluation of the past acts committed as a crime according to the change of the legal ideology, which was the reason for the enactment of penal statutes, was different, and the punishment itself was recognized as a crime and thus unfair;
In cases where statutes have been amended or amended in consideration of reflect that or excessive punishment has been imposed, the new law shall be applied in accordance with Article 1(2) of the Criminal Act.
(See Supreme Court Decision 2003Do2770 Decided October 10, 2003 and Supreme Court Decision 2009Do12930 Decided March 11, 2010, etc.). 2. A.
The judgment below
According to the reasoning, among the facts charged in the instant case, the lower court affirmed the first instance judgment convicting Defendant and the person subject to the request for attachment order (hereinafter “Defendant”) of each act of inducing the victim for the purpose of indecent act by applying Article 5-2(4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 11731, Apr. 5, 2013; hereinafter “former Act on the Aggravated Punishment, etc.”) and Article 288(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013; hereinafter the same).
B. Article 5-2(4) of the former Act on the Aggravated Punishment, etc. of Specific Crimes provides that “a person who commits a crime under Article 288, 289, or 292(1) of the Criminal Act shall be punished by imprisonment for life or for at least five years.” Article 288(1) of the former Criminal Act provides that “a person who captures or induces another person for the purpose of engaging in indecent act, sexual intercourse, or profit-making shall be punished by imprisonment for a fixed term of at least one year.” However, Article 5-2(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was enforced before the pronouncement of the lower judgment (amended by Act No. 11731, Apr. 5, 2013), and Article 28(1) of the Criminal Act (amended by Act No. 11731, Apr. 5, 2013) provides that “a person who captures or induces another person for sexual intercourse, marriage, or profit-making shall be punished by imprisonment for more than one year but not more than ten years.”