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(영문) 수원지방법원 2016.12.08 2016노3818

준강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the prosecutor’s appeal is as follows: (a) from the investigative agency to the court of the court below, the victim stated that “the victim tried to remove the knife by gathering the knife from the flue drinking, and by gathering the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife on the knife; and (b)

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict of the facts charged in this case.

2. Determination

A. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor shall maintain the existing facts charged as to the charged facts of indecent act by indecent act by indecent act by indecent act, which was found innocent by the court below, as the primary facts charged, and the subject of the judgment by this court was changed by permitting it. As examined below, the judgment of the court below that only the primary facts charged are convicted cannot be maintained.

However, even if there are such reasons for ex officio destruction, the argument of mistake of facts about the primary facts charged by the prosecutor is still subject to the judgment of this court.

[Summary of Additional Preliminary Facts] The Defendant is a “Dental Hospital” located in Seongbuk-gu, Sungnam-si.