아동ㆍ청소년의성보호에관한법률위반(강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of two years and a fine of five million won.
The above fine shall be imposed on the defendant.
1. Summary of the prosecutor's grounds for appeal;
A. The court below found the defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) that found the defendant not guilty on the ground that the victim's statement of erroneous facts (not guilty part) has credibility, and even
Even if the defendant had committed an act of purchasing juvenile sex against the victim, the court below erred by misapprehending the facts against the rules of evidence or omitting judgment on this part of the charges.
B. The lower court’s sentence of unreasonable sentencing [the imprisonment with prison labor of three years, five million won, a fine of five million won, community service work 200 hours, and 120 hours’ order of completion and provisional payment of sexual assault (sexual traffic)] is too uneasible and unfair.
2. Determination
A. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for amendments to the indictment to add the charges of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) which the court below acquitted on the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, in the first instance. Since this court permitted the amendment and changed the subject of the judgment, the judgment of the court below can no longer be maintained.
However, the judgment of the court below has such reasons for ex officio reversal.
Even if the prosecutor's assertion of mistake on the part of innocence, which was the primary charge, due to the addition of the ancillary charge, is still subject to the judgment of this court, and will be examined below.
B. (1) On March 17, 2012, around 23:00, the primary charge is to determine the mistake of facts as to the primary charge. (1) The Defendant is a child or juvenile who promises to give money and to sexual intercourse with the victim I (the age of 16), who is a child or juvenile who committed to give money, and attracts the resistance, etc. in the room.