아동ㆍ청소년의성보호에관한법률위반(강제추행)등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The information on the accused shall be disclosed for a period of three years.
1. The summary of the grounds for appeal (the factual error) and the respondent for an attachment order (hereinafter “defendant”) committed an indecent act against the victim in order to take into account the victim’s losses, the court below found the victim guilty of charges by misunderstanding the facts, despite no fact that the victim committed an indecent act, since the victim’s statements at police and prosecutor’s office and the statements at court of the court below are partially inconsistent or contradictory, and there is no credibility in the victim’s statements, and the record of the victim’s statements submitted are different from the actual contents, and there is no evidence to prove the facts charged.
2. The ex officio determination prosecutor applied for the amendment of an indictment to delete the part of the facts charged and the facts constituting the cause of the request for the attachment order that “(the defendant's hand in the elevator) the victim's her her her her her her her her her her her her his her her her her her her her her her her her her her her
3. The judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment below is reversed and it is again decided as follows.
(1) As to the Defendant’s assertion of mistake of facts, the facts constituting a crime and an attachment order, the summary of the evidence, and the facts and summary of the evidence acknowledged by this court, are as stated in the lower judgment’s respective corresponding columns, except for deletion of the first week of the third instance judgment (criminal facts). As such, it shall be cited in accordance with Article 369 of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.
Application of Statutes
1. Criminal facts;