아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
The judgment below
The remainder, excluding the dismissed part, shall be reversed.
Defendant shall be punished by imprisonment for a period of two years and six months.
1. The court below rendered a judgment of conviction on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) among the facts charged against the defendant, and dismissed the prosecution on the violation of the Child Welfare Act (in the case of coercion, intermediary, sexual harassment, etc. of a child), and on the violation of the Child Welfare Act (in the case of coercion of
Therefore, since only the prosecutor appealed the remaining part of the judgment below excluding the dismissal of public prosecution, and the above dismissal of public prosecution is separated and finalized, the scope of this court's judgment is limited to the remaining part excluding the dismissal of public prosecution
2. The summary of the grounds for appeal (e.g., in two years and six months of imprisonment) of the original judgment (e.g., in one year and six months of suspension of execution), is too unhued and unreasonable;
3. Judgment on the grounds for appeal ex officio shall be made ex officio prior to the judgment.
In the appellate trial, the prosecutor filed an application for changes in the indictment with regard to the violation of the Child Welfare Act (incrimination, coercion, exploitation, sexual harassment, etc. of a child) which was acquitted by the lower court (the reasons for the judgment that was written in multiple times) as stated in the criminal column of the crime, and recognized the criminal facts by modifying the charges ex officio to the extent that this court does not interfere with the exercise of the Defendant’
This Court permitted this and changed the subject of the adjudication.
The revised facts charged are found guilty as follows. This part of the facts charged is found guilty, which is related to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and concurrent crimes under the former part of Article 37 of the Criminal Act. As such, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the remainder (excluding the dismissed part of the judgment below and the acquitted part)
4. The remaining parts of the judgment below, excluding the dismissal of prosecution, are subject to the above ex officio reversal.