성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for two years from the date of the final judgment.
1. Summary of grounds for appeal;
A. Considering the fact that the Defendant’s assertion of unreasonable sentencing is divided into his mistake, the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.
B. Considering the content of the instant crime committed in the course of the instant case’s assertion that disclosure orders and disclosure orders are unfair, there are special circumstances to exempt the Defendant from disclosure orders and disclosure orders.
2. An ex officio determination prosecutor: (a) applied the applicable provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse to “a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse”; (b) applied the former Act to “Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); and (c) Article 298 of the Criminal Act to change the facts charged as stated in the following facts; and (d) the subject of the adjudication was changed by the court of the competent trial upon permission, and thus,
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument on the grounds of ex officio reversal, and it is again decided as follows.
Criminal facts
Defendant,
1. From the D student clothes operated by the Defendant in accordance with C 105 at the Namyang-si, Namyang-si, 2012: (a) attracts the victim E (the child or juvenile victim E (the child, 12 years of age or 13 years of age) by showing poppy; (b) in one’s own aftermathing the victim; and (c) by indecent act by inciting the victim’s sexual organ with the victim’s sexual organ by:
2. Around 17:00 on January 22, 2013, at the place specified in paragraph 1, the victim (the victim (the 13-year old age), satisfing the middle school uniform, cutting the victim’s arms, and subsequently, satisfing the victim’s chest by force.
Summary of Evidence
The summary of evidence recognized by this court is the same as the corresponding part of the judgment of the court below, and it is also accepted in accordance with Article 369 of the Criminal Procedure Act.