성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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 against the defendant for forty hours.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (one year and six months) is too unreasonable.
B. Prosecutor 1) The misunderstanding of facts and the misapprehension of legal principles were under the influence of alcohol at the time of committing an indecent act against the victim E in the judgment of the court below.
In light of the method of indecent act against the victim, the defendant was in a mental and physical weak condition.
Even though it is difficult to see difficulty, the judgment of the court below which judged that the defendant committed an indecent act by force as stated in the judgment of the court below was committed under the lack of the ability to discern things or make a decision.
2) The sentence that the lower court sentenced to the Defendant is too uneasible.
2. Before the judgment on the grounds for appeal by both parties of the judgment ex officio, according to the evidence duly adopted and examined by the court below, the defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on October 17, 2013 and completed the execution of the sentence on December 28, 2013, and committed each of the crimes in the judgment of the court below within three years thereafter.
Therefore, each crime of the judgment of the court below constitutes a repeated crime, and thus, the punishment of the punishment is omitted within the scope of the punishment imposed for aggravated repeated crimes under Article 35 of the Criminal Act. Thus, the judgment of the court below was no longer maintained.
However, notwithstanding the above reasons for ex officio reversal, the prosecutor's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court, and it will be examined first.
3. According to the evidence duly examined and adopted by the court below as to the prosecutor's mistake of facts and misapprehension of the legal principles [in particular, according to the defendant's protocol of interrogation of suspects, stenographic records, investigation reports (video recorded suspect), investigation reports (hereinafter investigation reports) against the defendant, and investigation reports (information call)], it shall be drunk at the time when the defendant committed a indecent act by force as stated in the judgment of the court below.