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(영문) 서울고등법원 2013.11.08 2013노1759

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

Reasons

1. The court below found the defendant not guilty of the facts charged in this case on the ground that the victim's statement was not reliable, and dismissed the request for an attachment order.

2. An ex officio determination prosecutor filed an application for changes to a bill of amendment of indictment with the content of the facts charged as follows, and since this court permitted this, the judgment of the court below cannot be maintained any more, since it was changed to the subject of the adjudication.

3. Therefore, the court below's decision is reversed and it is again decided as follows, without examining the grounds for appeal by the prosecutor, pursuant to Article 364 (2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

Criminal facts

The facts leading up to the request for attachment order [the facts of crime] The defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendants") run the musical institute in the name of E from the second floor of the D apartment shop in Yangju-si, with the trade name of E, and the victim F (the age of 12) had the above music institute since 2006. Since July 2012, the defendant tried from around July 2012 that "the victim changed the shoulder to the aforesaid music institute," and tried to spread the victim's her senthm.

On August 8, 2012, the Defendant: (a) was seated next to the victim in order to do so at the music education institute of the Defendant, and her chest was boomed by inserting her finger in the victim’s inner part; and (b) her son was feld by inserting her hand under the bottom of the lower part.

From 3 to 4 days, the victim’s chest and her son in the same manner in the same manner at the same place, saying, “I have to see from the time the victim her son and her son get off, I have to do so with his her son and her son.”

After that, the chests of the victim in the same manner at the same place as the police officer on August 2012.