성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) At the time of the instant crime claiming misunderstanding of legal principles, the Defendant thought that he was the victim himself, and there was no awareness that he committed an indecent act by exercising his authority against the Defendant, the lower court erred by misapprehending the legal doctrine on indecent act by force, thereby applying the Special Act on the Punishment, etc. of Sexual Crimes by Indecent Act by Force against the Defendant under the age of 13 to the Special Act on the Punishment, etc. of Sexual Crimes by Indecent Act by Force against the Defendant. 2) The sentence (three years of imprisonment) imposed by
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant is too uneasible and unfair. 2) Although the Defendant alleged unfair exemption from disclosure and notification orders commits an indecent act on the victim, who is a child, and the Defendant was also at risk of recidivism, the lower court exempted the Defendant from disclosure and notification orders.
2. An ex officio decision (Changes in Indictment) was made by the public prosecutor, while maintaining the previous facts charged with the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13), the term “indecent acts by force of minors” in the name of the crime, the term “Articles 305 and 298 of the Criminal Act” in the applicable provisions of the Act, and the term “in addition to the facts charged under the charge, the public prosecutor applied for permission of the indictment to add each of the facts charged under the charge (in addition to the facts charged in the trial, the initial facts charged
Therefore, the judgment of the court below is no longer maintained as the subject of the judgment was changed in the trial.
However, even if the judgment of the court below has the above reasons for reversal of authority, the defendant's assertion of legal principles as to the primary facts charged is still subject to the judgment of the court.
3. Judgment of the defendant on the misapprehension of the legal principle as to the primary facts charged.