beta
Text
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The judgment below
Part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts (part of the charge part) and Defendant (1) , even though there was no fact at the time of the victim B, the above victim’s himself did not go beyond the toilet, and (2) did not take a bath against the victim G, and even he took a bath.
Even if there is no performance.
Nevertheless, the court below pronounced guilty of the above facts charged by the defendant, which erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
(2) The sentence of imprisonment (one year of imprisonment) imposed by the lower court is too unreasonable.
B. The lower court acquitted the victim G of special injury among the facts charged in the instant case by mistake of facts and misapprehension of the legal doctrine, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
(2) The above sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unreasonable.
2. Determination
A. The Defendant had the same assertion as the grounds for appeal in this part of the judgment below regarding the Defendant’s assertion of mistake of facts, and the court below rejected the above assertion in the judgment below.
The judgment below
Examining the reasoning in comparison with the relevant legal principles and the evidence duly adopted, the judgment of the court below is reasonable and there is no violation of law by misunderstanding facts and affecting the conclusion of the judgment.
This part of the defendant's assertion is without merit.
B. (1) The prosecutor's assertion of mistake of facts and misapprehension of the legal principles on the indictment shall maintain the existing facts charged as the primary facts charged in the trial, and in the name of the offense, "special intimidation" is "Article 299 and Article 283 (1) of the Criminal Act" is "Article 299 and Article 283 (1) of the Criminal Act" is "Article 299 and Article 283 (1) of the Criminal Act", and the following (3) of the facts charged
Therefore, the judgment of the court below is not guilty.