아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Of the judgment of the court of first instance, the part concerning Defendant E and the judgment of the court of second instance shall be reversed, respectively.
Defendant
E shall be two years of imprisonment.
1. Summary of grounds for appeal;
A. Defendant E-1) In relation to the lower judgment of the lower court, the investigative agency conducted an illegal naval investigation, and the Defendant was subjected to the climatic inspection without being notified of the right to refuse to make statements and led to the confession of this part of the facts charged. As such, the outcome of the climatic examination and the confession of the Defendant constitutes illegally collected evidence
Even if the confession of the defendant was later made after he was notified of the right to refuse to make a statement.
Even if there is no evidence to reinforce the confession.
Nevertheless, the second instance court found the Defendant guilty of this part of the facts charged by deeming that the Defendant’s confession and the result of the prosecution examination as evidence of guilt.
2) The sentence sentenced by the lower court to Defendant E (the first instance judgment: imprisonment with prison labor for 2 years, the suspended sentence for 3 years, and the second instance judgment: imprisonment with prison labor for 10 months) is too unreasonable.
B. In light of the prosecutor’s statement made by the victim J, the relationship between the victim J and the defendant C, and the circumstances at the time of the instant case, even though the Defendant could be recognized as having sexual intercourse with the victim by exercising power, the lower court erred by misapprehending the legal doctrine on “power” or by misapprehending the legal doctrine on “power”, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Regarding the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles as to the judgment of the first instance court, Defendant C (hereinafter “Defendant”) of this part of the facts charged as follows: (a) on March 30, 2015, the main point of this part of the facts charged is as follows: (b) Defendant C (hereinafter “Defendant”) was a juvenile under the Aguro Q Q. 901 building A in the Government of P.M. on March 30, 2015, the Defendant J (14 years old; (c) Nonparty A living together with Defendant A and A’s male-friendly Gu B, and his sexual organ in the original room where A and B lived with the victim, who did not want the victim; and (d) was placed on the part of the victim’s body without the victim’s want to have the victim taken part in the body of the victim; and (d) the victim’s sexual organ was off from