성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. With respect to the date and time of the instant crime, the gist of the grounds for appeal (based on factual errors, etc.), the victim stated that “the victim would come into a kindergarten while living together,” and the prosecutor brought a prosecution specifying the date and time of the instant crime as “from March 3, 2012 (the time when the victim started to attend a kindergarten) to August 27, 2012 (the time when the victim died),” and the victim was confirmed to have raised the funds for the kindergarten from March 3, 2011 to March 3, 201.
In the event that the crime of this case itself is sufficiently proven, the court below should have deliberated on the specific date and time of the crime, but the court below should promptly terminate the pleadings and rendered a verdict of innocence. The court below erred by failing to exhaust all necessary deliberations as to the date and time of the crime and by misapprehending the legal principles as to the date and time
(2) On March 2, 2012, the Prosecutor asserts that the date and time of the crime should be set again through the additional examination of evidence at the appellate court, and the Prosecutor made an application for permission to amend the Bill of Amendment to the indictment with the phrase “as between March 2, 201 and August 27, 2012” in the instant facts charged from March 2, 201 to “as between August 27, 201 and August 2012, the Prosecutor applied for permission to amend the indictment. As such, the lower court’s judgment was no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal on the grounds of appeal, and it is again decided as follows after pleading.
[Grounds for multi-use Judgment]
1. The facts charged in the instant case (amended charges) seems to be shown by the Defendant as his hand by inserting his hand in the Defendant’s residence located between December 19, 201 and August 27, 2012 between Mapopo-si B, and by inserting his hand in the Defendant’s panty of the victim C (5 years old at that time) who is a private village and a dynamic.