아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
On the third trial date, the defendant withdrawn all the misconception of facts, including the crime against the victim's name and the middle school student.
B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (Rape against Victims B) are very concrete, and thus, the confession of the defendant is highly reliable, and the image of the victim or the victim's frighten appearance, etc., which were taken from the victim B, are circumstantial evidence to support the confession of the defendant, but there is no evidence to reinforce that the confession of the defendant is true, and thus, the court below acquitted the defendant of this part of the facts charged. 2) The sentence sentenced by the court below of unfair sentencing is unfair because the confession of the defendant
2. As to the prosecutor’s assertion of mistake of facts in this part of the facts charged, the defendant's confession and contents, in particular, had consistently been made from the investigative agency to the original trial and the trial court, and the prosecutor submitted additional evidence, thereby recognizing all of the charges.
In light of the facts charged, the confession of the defendant as to this part of the facts charged is highly reliable.
However, in addition to the various evidences duly adopted and examined by the court below, the authenticity of the confession of the defendant is sufficiently reinforced by various evidences submitted by the prosecutor in the trial. Therefore, this part of the facts charged is sufficiently recognized.
Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged on the ground that there is no evidence to reinforce the confession of the defendant.
3. The appeal by the prosecutor of conclusion is with merit, and the decision on the grounds of unfair sentencing by both parties is omitted.