성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
The defendant shall be treated with sexual assault for 120 hours.
1. Summary of grounds for appeal;
A. Defendant and the respondent of an order to attach an electronic device (1) maintained the initial charge related to the victim C in the lower court’s primary charge, and subsequently, the lower court held that: (a) “Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes”)”; (b) “Indecent Acts against the Child and Juveniles against the Act on the Protection, etc. of Sexual Crimes”; (c) “Indecent Acts against the Child and Juveniles against the Act on the Protection, etc. of Sexual Crimes” in the applicable provisions; (d) Article 8-2(5) and (3) of the former Act on the Punishment, etc. of Sexual Crimes and the Protection of Victims thereof (amended by Act No. 932, Jan. 18, 2010); Article 7(5), (1) and (2)2 of the Criminal Act; Article 7(5)2 of the Criminal Act; and Article 37 and Article 38 of the Criminal Act; and (1) and Article 4)4) of the Act on the amendment of indictment of sexual Crimes.
(2) Although the lower court did not have committed an indecent act, sexual intercourse, or similar act by force against the victim C by the victim’s exercise of power, the lower court found the victim guilty on the 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 sentence (six years of imprisonment, etc.) imposed by the lower court
B. Prosecutor 1) The facts charged against the victim C by mistake of facts and misapprehension of legal principles and the victim B (child).