강제추행등
All the part of the defendant's case of the first and second judgment shall be reversed.
The punishment of the accused shall be one year and six months.
1. Summary of grounds for appeal;
A. The Defendant and the person who requested an attachment order and the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order (hereinafter “Defendant”) did not commit an indecent act or attempted to commit an indecent act against the victims, the lower court found the victims guilty of the relevant part of the facts charged.
2) The punishment of the original judgment decision No. 2 on the unfair argument of sentencing is too unreasonable.
B. It is unreasonable to dismiss the Defendant’s request for attachment order filed by the lower court, and to exempt the Defendant from issuing an order for disclosure and notification of personal information, which is unfair as it is too unfasible to the first and second original judgment.
2. As to the Defendant’s judgment ex officio, the judgment of the court of first instance was rendered, the prosecutor appealeds against the judgment of the court of first instance, and both parties appealed against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the appeal case.
The judgment of the court of first instance and the judgment of the court of second instance against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed. Thus, the part of the defendant's decision of the court of first and second instances cannot be maintained as it is.
However, even if there are such reasons for reversal ex officio, the defendant's assertion of mistake as to the second judgment of the court below is subject to the judgment of this court.
3. The second judgment of the court below on the Defendant’s assertion of mistake of facts acknowledged the fact that the Defendant attempted to commit an indecent act or indecent act against the victims on the grounds of the evidence indicated in the victim’s statement or the police statement protocol, and found the Defendant guilty of all relevant charges.
Examining the reasoning of the judgment of the court below in light of the evidence duly adopted and examined by the second instance court, the judgment of the court below on this part is just and there is an error of law by misconception of facts alleged by the defendant in this part.
(2).