아동ㆍ청소년의성보호에관한법률위반(장애인간음)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
For seven years, the information on the accused is disclosed.
1. Summary of grounds for appeal;
A. Defendant and his defense counsel 1) The judgment of the court below which found Defendant and Defendant guilty of all the facts charged with mistake of facts and misapprehension of legal principles on the following grounds, which erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. A) The victim C (hereinafter “victim”) cannot be the object of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “victim”) since the physical or mental disability lacks the ability to discern things or make decisions.
B) In light of various circumstances, the Defendant’s statement cannot have sexual intercourse with the victim due to the symptoms before the Defendant was made. (C) Although there is no credibility in light of various circumstances, the Defendant trusted only the victim’s statement. (d) The investigation report prepared by the prosecutor’s office that was adopted by the lower court as evidence of guilt (Attachment, etc. of notification of the results of NA’s appraisal) and the written appraisal prepared by the Prosecutor’s Office of the Supreme Prosecutors’ Office (NA) by the prosecutor’s office of investigation officers may be taken out either intentionally or by negligence during the process of maternity gathering. As such, it cannot be deemed as evidence of guilt of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compacting with the disabled) and of residential intrusion. (2) The sentence of unfair sentencing (compacting imprisonment with labor and June, etc.) imposed on the Defendant is too unreasonable.
B. The Prosecutor’s sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unfased and unreasonable.
2. The decision shall be made ex officio prior to the decision on the grounds for appeal.
Articles 38(1) and 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); the proviso to Article 1 and Article 4 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 10260, Apr. 15, 201); Articles 1 and 4 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11047, Sept. 15, 201).