아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
The judgment below
Among them, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is committed.
1. Summary of grounds for appeal;
A. Defendant 1) Except for the Defendant’s accusation of larceny, such as misunderstanding of facts, Defendant 1 filed a criminal complaint against the other FF, G, I, and J, and even if false facts are included in the contents of family complaint, this is merely an exaggeration of the content based on the facts, and it does not constitute a crime of false accusation. However, the lower court found Defendant 1 guilty of all the charges on the grounds of the statement of F without credibility. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2) The lower court’s improper sentencing is too unreasonable.
B. Comprehensively taking account of the evidence submitted by the prosecutor, such as mistake of facts, the court below found the Defendant guilty of all of the facts charged, although the Defendant’s act of inserting the Defendant’s sexual organ inside the mouth of F, which is a child or juvenile, and it could sufficiently be recognized that the Defendant committed an indecent act by force, and the court below acquitted the Defendant of all of the facts charged. The court below erred by misapprehending the legal principles
2) Improper sentencing of the lower court is deemed unreasonable.
2. Determination
A. Ex officio determination 1) We examine ex officio prior to the judgment on the grounds for appeal by the Defendant and the prosecutor in the indictment.
In the first instance trial, the prosecutor changed the facts of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the similarity) which the court below acquitted as to each of the facts charged and added the facts of the offense in the first instance as to each of the offenses of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the indecent act, such as deceptive means), which is recognized below, to the name of the offense. "The name of the conjunctive offense: the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the indecent act, such as deceptive means)," and "the Article 7 (5) and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Preliminary Applicable Act: Article 7 (5) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse" to the name of the offense, and this part was modified by this court's permission.