강제추행상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
information about the defendant for five years.
1. Summary of grounds for appeal;
A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) misjudgments the fact that the Defendant did not assault the victim with the intent of indecent act by force on the day of the instant case, but did not assault the victim in the course of his body fighting by force due to a cigaretteing, and the actual victim did not force force force by force. Nevertheless, the lower court’s judgment that believed only the victim’s statement and convicted the victim of the injury caused by indecent act by force was erroneous and adversely affected the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (three years of imprisonment) is too unreasonable.
B. The lower court’s sentence is too unfilled and unfair.
2. Determination
A. Before determining the grounds for appeal by the Defendant and the prosecutor on the amendment of a bill of indictment ex officio, the prosecutor added “Article 300 of the Criminal Act” to the applicable provisions of Acts in the trial, and applied for the amendment of a bill of indictment to the effect that the existing facts charged to the effect that indecent act by force among the facts charged in the instant case was attempted by indecent act by force. Since this court permitted this, the part of the judgment of the court below on the Defendant case cannot be maintained any longer.
In addition, as long as the Defendant and the prosecutor filed an appeal against the part of the judgment below regarding the Defendant’s case, the appeal against the part regarding the claim for attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is deemed to have been filed. The criminal facts of the sexual crime case and the fact that the claim for attachment order was filed should coincide with each other, and the above modification of the indictment changed with the subject of the judgment regarding the claim for attachment order of this case due to the foregoing modification of
Therefore, the judgment of the court below.