성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The defendant did not commit each crime in the judgment of the court below.
B. The Prosecutor’s sentence (three years of imprisonment and four years of suspended execution) of the lower court is too unhued and unreasonable.
2. Ex officio determination, the prosecutor added the name of the crime to the name of the crime in violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (a minor under the age of 13), to the title of the crime in violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (a minor under the age of 13), to the title of the charge in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (a minor under the age of 13), and to the title of the charge in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13), respectively, and applied for the amendment of the Act on the Punishment, Protection, etc. of Sexual Crimes (a minor under the age of 13) and Article 8-2 (5) and (3) of the former Act on the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction.
3. In light of the evidence, we affirm the judgment of the court below in light of the defendant's assertion of mistake of facts and the purport that the defendant did not have committed indecent act against the victim at the court below, and the court below acknowledged the defendant guilty of the charges by integrating the evidence duly adopted and examined, and rejected the above assertion on the grounds of detailed reasons under the title "the judgment of the defendant and the defense counsel". In addition to the above judgment of the court below, we find the judgment of the court below in light of the evidence, the following circumstances acknowledged by the records, i.e., the victim's statement recording room at the Gangwon-dong Women's Center on February 28, 2012.