성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than three years and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 only rhythm as the victim’s sound records and did not put his fingers into the victim’s sound records. Nevertheless, the lower court found Defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by mistake of facts. In so determining, the lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment. 2) In so determining, the lower court convicted Defendant of this part of the facts charged without any other evidence, in addition to the Defendant’s confession, as to the fact that the Defendant puts his fingers into the victim’
Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the confession reinforcement rules.
3) The lower court’s decision on the allegation of unfair sentencing (one-year imprisonment is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. On November 30, 2014, the summary of the facts charged is as follows: (a) the Defendant: (b) at the kitchen room of the Diplomatic Academy in G in Ganpo City around 14:30 on November 30, 2014; (c) the Defendant, along with the above church pastor, took television with the victim E (V, 8 years old); (d) while playing, the Defendant knee, knee of the Defendant; (e) knee of the victim; (e) kne of the victim; (e) kne of the victim; (e) kne of the victim; (e) kned the victim; (e) kned the victim; and (e) kned the victim with the victim’s panty; and (e) continued to write his hand into the victim’s panty; and (e) kned the victim under 13 years of age by inserting it with the victim’s kne. 2) The lower court found the Defendant guilty of this part of the facts charged.
3) The judgment of the court on the assertion of misunderstanding of facts is as follows: (a) the Defendant: (b) at the police station, put the victim’s fingers into a negative part; and (c) put the fingers into a negative part; and (d) the victim called “Ampha” when inserting the fingers.