성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강제추행)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six years.
80 hours against the defendant.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victim at the end of September 2009, on July 2015.
On August 24, 2015, the defendant had a negative relationship with the victim's chest on August 24, 2015, but there is no similar act.
Nevertheless, the court below found the defendant guilty on the basis of the statements made by the victim with no credibility. Therefore, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court against the Defendant (six years of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the first instance trial, the prosecutor applied for the amendment of the Act on the Protection of Juveniles from Sexual Abuse against the Act on the Protection of Children's Juveniles from Sexual Abuse (Indecent Acts, such as deceptive means). Article 7 (2) 2 of the applicable Act on the Protection of Children's Juveniles from Sexual Abuse, "B" under Article 7 (5) and Article 7 (2) 2 of the Act on the Protection of Juveniles from Sexual Abuse against the Act on the Protection of Juveniles from Sexual Abuse, "B," and "B," as "I, and the end in paragraph (3) of the facts charged," by force, "A," and the judgment below is no longer maintained.
However, there are grounds for reversal ex officio as above.
Even if the defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, we will examine the following.
B. On September 2009, the summary of the facts charged in this part of the charge is as follows: (a) the Defendant, at the Defendant’s house located in Yongsan-gu Seoul Metropolitan City, Ilyang-gu, Seoul Metropolitan City, 601dong-gu, 1105, had a mind of forcing the victim who was in the sixth year of elementary school to commit an indecent act in a small room at the time; and (b) the Defendant, at the Defendant’s house located in the Defendant’s house, 601 Dong-gu, Jungyang-gu, Seoul Metropolitan City, 1105, she was able to take part in the Defendant’s body subsequent to the victim who was