성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, even though it can be sufficiently recognized that the defendant and the requester for an attachment order (hereinafter the defendant) forced to commit an indecent act against E by doping, the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the facts.
2. Determination
A. In the case of Defendant 1, the Prosecutor of the Amendment to Bill of Indictment was found not guilty of the facts charged in the case and added the following ancillary facts charged, and the Defendant applied for the amendment to Bill of Amendment with the content of adding “the indecent act by force of minors: the name of the ancillary crime: the indecent act by force of minors” in the name of the crime, and “the preliminary applicable provisions: Articles 305 and 298 of the Criminal Act” in the applicable law, respectively, and this Court permitted the amendment to Bill of Amendment.
2) The summary of the facts charged in the instant case is as follows: (a) the Defendant, who was the mother of the E, visited the E’s house and visited the E.
(1) On August 12, 201, the Defendant, at around 24:00, 201, expressed that “A” (n, n, 9 years of age) located on the second floor of Yeongdeungpo-gu Seoul Metropolitan Government G2 provides that “A person takes a bath more than a weather weather,” and committed an indecent act against E in such a way as to interfere with the Defendant’s sexual intercourse on the following parts of the E, which goes out of the Defendant’s clothes, and flash the Defendant’s body, which is known to the body, and flash the Defendant’s sexual intercourse.
B. On October 9, 201, the Defendant made a bath at the E’s house around 21:00, and took E (the age of 10) into the toilet, and committed an indecent act on E in the same manner as described in the above (i).
(1) In 201, the Defendant provided a bath at the House of E in the B, the date of wintering in 201, and then took the bath of E (10 years of age) as a toilet, the Defendant committed an indecent act on E in the same manner as described in the foregoing paragraph.
Applicant The Defendant, at around August 6, 2013, takes the bath at E’s house on August 6, 2013 and takes E (the age of 11) into the toilet and takes E (the age of 11) into the toilet, in the same manner as described in the foregoing paragraph.