강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) In spite of the misapprehension of the legal doctrine (the part concerning the crime of indecent act by compulsion), the lower court acknowledged the Defendant’s attempted indecent act by force without any amendment procedure, thereby infringing on the Defendant’s right to defense. 2) The lower court’s sentence of unfair sentencing (eight months of imprisonment, forty hours of completing sexual assault treatment programs, and ten years of employment restriction) is too unreasonable.
B. In full view of the evidence submitted by the prosecutor 1) mistake of facts or misapprehension of legal principles (the part on acquittal in the reasoning), the defendant can be acknowledged as having committed indecent act by force as stated in the facts charged in the instant case. Thus, the court below's judgment which judged the defendant not guilty of the facts charged in the instant case on the ground that it is difficult to view the defendant's act as constituting indecent act by force, and it is not possible to acknowledge the defendant's intentional indecent act by force, thereby establishing only the crime of attempted indecent act by force against
2. Before the judgment on the grounds of appeal ex officio, the prosecutor examined the facts charged in the instant case at the trial before the judgment on the grounds of appeal ex officio, and the prosecutor applied for changes in indictment adding the applicable provisions to the following facts charged as stated in the facts charged: (a) the name of the offense as “an attempted indecent act by compulsion”; (b) Articles 300, 299, and 298 of the Criminal Act; and (c) Articles 300, 299, and 298 of the Criminal Act; and (d) the subject of the
However, as seen below, inasmuch as this court rendered a not guilty verdict of the primary facts charged and convicted of the conjunctive facts charged, the judgment of the court below that only the primary facts charged can no longer be maintained.
However, despite the above reasons for reversal of authority, the defendant's assertion of legal principles and the prosecutor's mistake.