beta
(영문) 서울고등법원 2021.01.26 2020노1352

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

Reasons

Summary of Reasons for appeal

A. On the grounds delineated below, the lower court found the Defendant guilty of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine.

1) ① The Defendant was aware of “the victim’s mother who is not the victim’s grandchildren” (Article 1). ② At the time, inasmuch as there was B at the victim’s clothes or site, it was impossible for the Defendant to “indecent act against the victim” (Article 2). ③ While Defendant’s grandchildren in the course of attempting to pay a mobile phone of the victim, they may fright the victim’s chest. However, in the process of intentionally trying to write down a case where the victim was her chest at the victim’s chest (Article 3). ④ In the process of intentionally doing so, the Defendant was fright the victim’s face, and the Defendant did not intentionally come into contact with the victim’s face, and the date and place of the instant facts charged are different from the date and place indicated in the instant facts charged.

(1) The date and place of the occurrence of the circumstances described in paragraph (1) of the crime shall be exempt from the number of houses when indicating the place of the crime so that personal information of the victim of the “H apartment site at the time of the Government around October 2018” is not disclosed.

is the same.

② The date and time of the circumstances described in paragraph (2) of the crime is “ around February 2018.”

③ The place where the facts stated in paragraph (3) of the crime were in the situation is “H apartment at the time of the Government.”

B. The lower court’s punishment (three years of imprisonment, etc.) is too unreasonable.

2. Ex officio determination

A. The prosecutor filed an application for changes in indictment with the following contents in the trial, and the court of the first instance approved the application.

Facts constituting a crime, which are deemed subsequent to Defendants 1, 3, and 4 (Crimes Nos. 1, 3, and 4 of the facts constituting a crime as indicated in the judgment of the court below) of the facts constituting a crime, as prescribed in Articles 1, 3, and 4.

It is true that the name of the crime concerning the piracy is "Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by quasi-performance of minors under the age of 13)".

Doctrine.