강간등
Of the part of the judgment of the court below, the part of the defendant's case is not guilty as to the minor's drinking around 07:00 on January 14, 2013.
1. Of the instant facts charged, the lower court found the Defendant and the respondent for an attachment order (hereinafter “Defendant”) guilty of committing indecent act by compulsion and confinement, and found the Defendant and the respondent for an attachment order (hereinafter “Defendant”) not guilty of the facts pertaining to each minor, and dismissed the public prosecution regarding the violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape).
However, among the judgment below, the defendant filed an appeal regarding the guilty portion of the defendant's case, and the prosecutor filed an appeal regarding the case for attachment order as well as the case for attachment order is deemed to have filed an appeal. Therefore, the remainder of the dismissal of public prosecution in the judgment below was separated from the appeal period.
Therefore, the scope of this court's trial is limited to the remaining defendant's case and the judgment below's case with legal fiction of appeal except the dismissal of public prosecution among the judgment below.
2. Summary of grounds for appeal;
A. The sentence of imprisonment with labor (one year of imprisonment) of the lower court is too unreasonable.
B. As to the facts charged in this case’s indictment, the victim D’s statements consistent with this Opinion are consistent with important parts and are sufficiently reliable in light of the process that the victim’s friendship E was detained in the Defendant’s office, etc., and thus, it is sufficient to find the Defendant guilty of this part of the charges, the lower court erred by misapprehending the legal principles or misapprehending the legal doctrine, even though it is sufficient to find the Defendant guilty of this part of the charges.
3. Judgment on the assertion of misunderstanding of facts about the acquitted portion
A. The summary of this part of the facts charged is that the victim D (the 18-year-old age) had experienced fears of fears for the Defendant that sees the Defendant that she was going to talk with the upper half of her body, took a bath, and took the action following the act. However, on January 14, 2013, three persons including the victim around 06:30.