아동ㆍ청소년의성보호에관한법률위반(강간등상해)
The prosecutor's appeal is dismissed.
In order to compel a victim to commit an indecent act, the defendant's misunderstanding of the substance of the grounds for appeal and misunderstanding of the legal principles (related to the part not guilty of the injury caused by forced indecent act as stated in the judgment of the court below) committed an indecent act on the part of the victim's head and face, and continued to have pushed the victim with the wall of the building, and the victim suffered a shoulder and the part of the arms's head from the wall of the building. The victim suffered a b week medical treatment, and the victim's injury constitutes the injury caused by indecent act by force.
Nevertheless, the lower court rendered a not guilty verdict on the charge of causing bodily injury resulting from the instant indecent act on the ground that it cannot be deemed that the above injury suffered by the victim constitutes an injury in the crime of indecent act by compulsion. In so doing, the lower court erred by misapprehending the legal doctrine on the injury resulting from a forced indecent act, thereby adversely affecting the conclusion of the judgment
In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (two years of imprisonment, four years of suspended execution, and forty hours of sexual assault treatment lectures) is too uneasible and unfair.
Judgment
On May 25, 2016, the summary of this part of the facts charged is as follows: (a) on May 25, 2016, the Defendant 22:10, at the front of the building in North Korea-gu, Mapo-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si,
The lower court determined that the victim was diagnosed as “the victim was in need of stability medical treatment for two weeks after being awarded the award” under the name of “heats with shoulder and shoulder arms, or with no open two boxes,” at the Gandong Hospital on the following day of the instant case.