강제추행치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. According to the evidence submitted by the prosecutor of the gist of the grounds of appeal, it is sufficiently recognized that the Defendant committed an indecent act by putting the victim’s chest in conspiracy with her chest while shooting a motion picture “H” and committing an indecent act, and suffered injury to the victim during that process.
Nevertheless, the judgment of the court below which acquitted the injury caused by the indecent act in the instant case and the charged facts on the premise thereof was erroneous in the misapprehension of legal principles.
2. Determination:
A. Prior to the judgment on the grounds for an ex officio appeal, the case is examined ex officio, and the prosecutor is charged with the injury caused by an indecent act by force in the court below.
B. 1) As stated in paragraph (1), an application for amendment to a bill of amendment was filed with the same time as the previous facts charged, and since this court permitted this part of the judgment, this part of the judgment below cannot be maintained as it is.
However, the prosecutor's assertion of mistake or misunderstanding of legal principles is subject to the judgment of this court, and the defendant still contests the changed facts.
B. The revised charge No. 1 on April 9, 2015, the Defendant, as a motion picture player, took a film with the motion picture “H” (hereinafter “the motion picture of this case”), from around April 9, 2015, and the supervision of the motion picture and each part of the motion picture are N, and male drinking-out is the victim I (V), and female drinking-out is the victim I (V, 37 years old, Q, and Q), and the Defendant was the her husband’s R, who is responsible for Q’s husband’s role.
From April 16, 2015, the Defendant taken a film more than 13rd film (hereinafter “the instant film more”) with the victim from Echeon-si G 502 from around 23:30 on April 16, 2015. The provisional termination to Q is to show the actual state of R’s domestic violence for the first time. The main content is that the Defendant is under the influence of alcohol on the new wall.