아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
A sexual assault therapy program against the defendant.
1. The summary of the grounds for appeal (e.g., indubity) has been withdrawn after the prosecutor's indictment was amended.
The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.
2. The prosecutor ex officio made a motion to modify the indictment to the effect that “the defendant” in the indictment was added to “the person with a disability of Grade II in the intellectual disability, who lacks the ability to discern things or make decisions,” and this Court permitted the motion.
As such, the judgment of the court below cannot be maintained as it was changed.
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, and the judgment below is reversed, and it is again decided as follows.
The criminal facts and the summary of the evidence recognized by this court are as follows. The criminal facts of the first instance court added the statement "in a state where the disabled person of Grade II with a intellectual disability lacks the ability to discern things or make decisions," and the summary of the evidence added "a copy of the certificate of diagnosis of persons with disabilities and a copy of the certificate of persons with disabilities" to the summary of the evidence, and thus, it is identical to each corresponding column of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;
1. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Handling concurrent crimes and complying therewith, and the latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act mitigated by law;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The reason for sentencing under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.