성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
The judgment of the court below is reversed.
Imprisonment with prison labor for a crime No. 1 in which the defendant's judgment is held, and for a crime No. 2 in its judgment.
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order (hereinafter “Defendant”) specified the date and time of the instant crime as “the date and time of the instant crime” in the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under the age of 13), and the lower court recognized the same as it is. The date and time of the instant crime is solely based on the victim’s statement.
However, in light of the fact that the victim’s statement at an investigative agency was made that it was during the second year of middle school in 2014, which was at the time of the statement, and that the victim’s statement was made during the second year of middle school in 2014 and was made during the second year in 2013, and that the year, year, and season was not accurately distinguished, it was unlawful to set the date and time of the crime as stated in the facts charged, based on such victim’s statement, to a specified period of 2010.
2) The Defendant of mistake of facts did not commit an indecent act against the victim as described in paragraph (1) of the lower court’s criminal facts. Nevertheless, the lower court found the Defendant guilty on the sole basis of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (three years of imprisonment with prison labor and four years of imprisonment with prison labor for a crime No. 1 in the original judgment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
[In addition to the above assertion of unfair sentencing as grounds for appeal, the prosecutor shall not be guilty in the grounds of the judgment on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (similar act to the disabled) and shall be guilty only in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are included