아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. On December 22, 2015, the court below found the victim not guilty of this part of the facts charged by mistake of facts or misapprehension of legal principles, in light of the content of a written pledge allowing the victim to prepare and transmit on December 22, 2015, and thus, it is sufficient to determine that the victim committed indecent act. However, the court below found the victim not guilty of this part of the facts charged.
B. The sentence imposed by the lower court (one year and six months of imprisonment, and three years of a suspended sentence) is unreasonable as it is excessively unhutiled.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
Criminal facts2 of the judgment of the court below
B. Regarding intimidation, the crime of intimidation is a crime falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the same Act. The victim may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on May 11, 2016, after the prosecution of this case. Thus, the prosecution should be dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.
Nevertheless, the judgment of the court below that found the defendant guilty of this part of the charges is unlawful.
In addition, the prosecutor applied for the amendment of indictment with respect to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the part of indecent act by compulsion as stated in the following facts among the facts charged in the instant case at the trial, and this court permitted the amendment of indictment with the permission of this court. The primary facts charged constitute a case where there is no proof of crime as stated below. As such, the part of the judgment below in the facts charged and the remainder of the facts charged [obscenity of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity of communications media)] should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 3