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(영문) 서울고등법원 2015.02.04 2014노3287
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. In full view of the relationship between the prosecutor and the person against whom the attachment order was requested (hereinafter “the defendant”), and the victim D, the victim D and the defendant's statement, etc., the defendant's act of allowing the victim D to have his kisk and kisk to do so is recognized as an indecent act, the judgment below which acquitted the defendant of this part of the facts charged, is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal ex officio, a public prosecutor shall retain ex officio the part of the facts charged in the instant case, which violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Victims D (a minor indecent act under thirteen years of age) in the trial, and shall partly modify it as follows, and shall be 3.

As seen in the foregoing paragraph, the conjunctive charges were added to the name of the crime, and the “Child Welfare Act violation” was added to the applicable provisions of Article 71(1)2 and Article 17 subparag. 4 of the Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014); and the court applied for the modification of the indictment with respect to which “Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014)” was added

However, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, which will be examined, and it will also be examined in accordance with the decision.

B. Judgment on the prosecutor's assertion of mistake of facts, misapprehension of the legal principles, and the changed facts charged 1) The summary of this part of the primary facts charged is that the defendant is the ambane part of the f elementary school located in Seongbuk-gu E in Sungnam-si, and the victim D (the 12 years old is the student attending the 6 years old F elementary school.

The Defendant, around 16:30 on July 3, 2014, was married to the stairs of a gymnasium next to an elementary school in the camping room.

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