성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the above judgment shall be publicly notified.
Summary of Grounds for Appeal
The defendant only made physical contacts necessary for treatment of the victim of misunderstanding of facts, and there was no fact that the victim's chest, as stated in the facts charged in this case, added the victim's finger to the negative part of the victim, or pushed the victim's am on the part of the defendant's sexual flag.
Nevertheless, the judgment of the court below which found the defendant guilty on the facts charged of this case is erroneous in misconception of facts.
According to the records, the defendant submitted a report on appointment of a defense counsel on June 4, 2015, and the defendant sent each notification of the receipt of the trial record to the defendant on June 8, 2015, and the defendant's defense counsel on June 12, 2015. This assertion of misapprehension of legal principles is written in the defense counsel's written opinion on July 5, 2015, which was submitted after the deadline for submitting the legitimate statement of grounds for appeal was not legitimate grounds for appeal.
The facts charged in the instant case do not contain “Assault or intimidation”, which is the constituent element of Article 6(2)2 and 6(2)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and even if the victim’s statement is based on the victim’s statement, the court below found the Defendant guilty by applying the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the facts charged in the instant case.
The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.
On August 11, 2015, prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor shall change the term "violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (similar act to the disabled)" to "Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act of Persons with Disabilities)", the term "Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes" among applicable provisions of law is withdrawn, and the term "the victim is under physical treatment."