아동ㆍ청소년의성보호에관한법률위반등
Defendant
In addition, appeal by the person who requested probation order is dismissed.
1. The court below ruled that the defendant and the person requesting probation order (hereinafter “defendant”) were convicted of all the defendant's case, and dismissed the prosecutor's claim as to the case claiming attachment order, and that the prosecutor's claim as to the case claiming probation order is accepted.
Since only the defendant appealed against this, there was no benefit of appeal as to the case of the attachment order claim.
Before remanding, the lower court partially accepted the Defendant’s appeal and reversed the part of the lower judgment regarding the Defendant’s case and the part regarding probation order claim, and acquitted the Defendant of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.
Although both the Defendant and the Prosecutor appealed, the Defendant did not submit legitimate grounds for appeal.
The Supreme Court accepted the prosecutor's grounds of appeal as to the acquittal portion, and on the ground that the remaining guilty part is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced to the whole guilty part, the entire part of the defendant's case and the part of the defendant's case which should be tried together with the part of the defendant's case and remanded to this court.
Therefore, the scope of this court's adjudication is the entire defendant's case and the part of the case of probation order.
2. Summary of grounds for appeal;
A. misunderstanding of facts (the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) does not constitute a commencement of the commission of indecent acts by compulsion, on the ground that there is only ten seconds of the face of the victim who followed the victim E at a distance of 1m.
B. The lower court’s sentence (one year and six months of imprisonment) imposed on the Defendant is too unreasonable.
3. Determination
A. The defendant case.