피감독자간음등
The judgment below
The guilty part shall be reversed.
Of the facts charged in the instant case, the Prosecutor is not guilty.
1. The court below in the grounds of appeal found the defendant guilty of the facts charged against the defendant's supervisor, supervisor, and supervisor, and dismissed the defendant's imprisonment for a period of eight months (including completion of sexual assault treatment programs for forty hours) and dismissed the public prosecution against indecent acts by compulsion on the ground that the facts charged were not specified.
① The Defendant cannot be deemed to fall under “a person under the protection or supervision of the Defendant due to business, employment or other relation” as stated in Article 303(1) of the Criminal Act. ② Although the Defendant did not have sexual intercourse with the victim by deceptive means or force, the lower court, on the grounds as stated in its reasoning, found the Defendant guilty of the facts charged by the supervisor that the Defendant had sexual intercourse with the victim under the control of the Defendant by force at the time as stated in the facts charged, filed an appeal against the convicted portion of the lower judgment.
① Although the prosecutor stated the date and time of the crime as “20:0-22:30 on the date and time from November to December 12, 2013” in the facts charged concerning the act of indecent act, the above facts charged should be deemed to be sufficiently specified when comprehensively taking into account the method, place, circumstance, characteristics of the crime, etc. of the crime, however, there was an error in misapprehension of legal principles and misunderstanding of facts that the court below determined that the facts charged was not specified on the grounds as indicated in its reasoning, and ② further, the court below filed an appeal against the whole judgment on the grounds that such illegality had influenced the sentencing of the defendant.
2. Judgment on the grounds for appeal by the defendant
A. The facts charged [Resceptor] The Defendant is a person who serves as the president of the Association B, and the victim C (V, the age of 53) is a D (hereinafter “instant E”) managed by the Defendant from June 26, 2012.