성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Of the judgment of the first instance court, G has sexual intercourse in the wooden room.
1. The judgment of the first instance court within the scope of the trial after remanding the case shall be sentenced to a judgment of full conviction against each of the facts charged by the defendant and the respondent for an attachment order (hereinafter referred to as "defendants") and the judgment of the second instance shall be appealed by the public prosecutor by a judgment of innocence against the facts charged. The judgment of the second instance shall be sentenced to the judgment of the first instance court to the effect that the judgment prior to remand violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape, etc. against the Disabled Persons) (rape, etc. against the Disabled Persons), violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape, etc. against the Disabled Persons), and violation of the Punishment of Violences, etc. against N (Mabaly Weapons, Deadly Weapons, etc. against the Disabled Persons) shall be acquitted, the remaining defendant's case shall
As to the conviction portion of the judgment prior to remand, the Defendant appealed only against the part of the judgment prior to remand which was rendered a new verdict of innocence. The judgment of remand reversed the conviction portion of the Defendant’s case and the part of the case in which the request for attachment order was filed prior to remand and remanded to the Daejeon High Court, and the Prosecutor’s appeal was dismissed.
According to the above progress of the case, the acquittal portion of the judgment prior to remand and the judgment of the second instance court was already separated and finalized (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 12, 1992). The scope of the trial after remanding the case is violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape, etc. against the disabled) with the purport that he had sexual intercourse with H in the dormitory, among the judgment of the first instance court, he committed an indecent act in the course of the class in the wooden room, and sexual intercourse in the dormitory in the dormitory, and is in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape, etc. against the disabled) with the purport that he had sexual intercourse with H in the wooden room lease and the defendant house.