아동ㆍ청소년의성보호에관한법률위반(강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Sexual assault, 40 hours against the defendant.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. An ex officio determination prosecutor corrected the name of this part of the crime as "violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)" pursuant to attached Table 5 of the Rules on the Protection of Children and Juveniles against Sexual Abuse (No. 597 of the Act on the Protection of Children and Juveniles against Sexual Abuse) on the ground that the name of the crime in the indictment in the case No. 2013 Go-gu District Court 2013 high-334 was clearly erroneous. However, since this part of the crime was modified in the trial as above, the court below changed the name of the crime in the initial indictment to "violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)" and the name of the crime in the case No. 2013 high-334 to "No. 2013 high-334 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.)" to the end of the judgment below, the court changed the Act to "No more than one victim's amendment of the indictment".
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of reversal as seen earlier, and it is again decided as follows.
【Grounds for the judgment of multiple times】 Criminal facts and summary of evidence recognized by the court in this case, the summary of the criminal facts and evidence in the judgment of the court below, “(2013 Gohap334)” in the end of the judgment of the court below.