마약류관리에관한법률위반(향정)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Sexual assault against the defendant for forty hours.
1. Summary of grounds for appeal;
A. On the judgment of the first instance court, the sentence of the first instance court (one year of imprisonment, 40 hours of sexual assault treatment program, and 200,000 won additional collection) is too unreasonable.
B. As to the judgment of the court below of the second instance (misunderstanding of facts, misunderstanding of legal principles, and Sentencing 1), the Defendant only posted the hand on the Bowds operated by the injured party, and did not damage the car operated by the injured party as stated in the judgment of the second instance court.
2) Even if the said car was defective, this does not constitute a damage to the crime of destroying property.
3) The punishment of the lower court No. 2 (200,000 won) is too unreasonable.
2. Determination
A. Ex officio determination 1) On August 2016, 2016, when the confession of the defendant was an unfavorable evidence against the defendant, the confession shall not be admitted as evidence of guilt (Article 310 of the Criminal Procedure Act). In a case where the defendant was found guilty on the sole ground of the confession without any supporting evidence, it shall be deemed that there was an error of law affecting the conclusion of the judgment (see Supreme Court Decision 2007Do7835, Nov. 29, 2007). In full view of the following circumstances, this part of the facts charged shall be deemed that there is no evidence to reinforce the confession other than the confession of the defendant.
① As to this part of the facts charged, the Defendant led to confession to the effect that “it was administered between August 17, 2016 and August 22, 2016,” and based on this, the Prosecutor seems to have designated the date and time of the crime as the First Lieutenant on August 2016.
② In addition to the confessions of the defendant, there are letters of the time of the prosecutor’s climatic test (Evidence No. 33 of the evidence record), investigation report (Evidence No. 168 of the evidence record) (Evidence No. 168 of the accused’s climatic appraisal result), prosecution forwarding (written public notice of the results of legal evaluation and appraisal, evidence No. 169 of the evidence record).