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(영문) 서울고등법원 2019.01.08 2018노831

준강간미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds of appeal (fact-finding) takes full account of the following: (a) the Defendant, under the influence of alcohol, fluencing almost a victim who is unable to properly hold his body in the telecom; (b) the Defendant was exempted from both the victim’s fluor and panty; (c) the Defendant was fluoring the victim’s chest and panty; (d) the victim’s chest and fluor; (e) the victim’s sexual organ was fluored; and (e) the victim’s sexual organ was fluord with the victim’s sexual organ; and (e) the Defendant’s fluoring the victim’s fluor and panty that he was fluored with the cell phone, and then

Nevertheless, the judgment of the court below which acquitted the charge of attempted quasi-rape is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. A prosecutor ex officio determination (revision of indictment) made at the trial of the court below, while maintaining the charge of attempted quasi-rape which was judged not guilty at the court below, changing the time of crime from “19:00 to “19:0” to “any time between 05:0 and 08:00,” and applied for a modification of a bill of indictment to add the charges of quasi-indecent act as stated in paragraph (a) below, the name of the crime, “quasi-indecent act” and Articles 299 and 298 of the Criminal Act, and the applicable provisions of this Act to “a preparatory act by compulsion” to “Article 299 and 298 of the Criminal Act” as stated in the following:

However, the prosecutor's assertion of misunderstanding the facts about the primary facts is still subject to the judgment of this court, and in the following cases, the prosecutor's argument and the primary facts added in the trial are judged in order.

3. Judgment of the prosecutor on the misconception of facts as to the primary facts charged

A. The primary Defendant is the worship of the Victim B (V, 25 years of age).

When between May 6, 2017 and 05:00 on May 6, 2017, the defendant "the defendant does not exceed the Incheon Nam-gu cel."