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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of the grounds for appeal and the grounds for ex officio reversal (Changes in indictment);
A. The gist of the prosecutor's appeal is that the court below erred in finding the defendant not guilty, even though the defendant could sufficiently prove the fact that the defendant committed an indecent act by force by deceiving the victim E's chests, considering the evidence duly adopted and examined by the court below.
B. The prosecutor changed the original facts charged from the trial to the primary facts charged, and applied for the amendment of the indictment to add the ancillary facts charged (the name of the conjunctive crime: assault and the Article of the Act of the Preliminary Application: Article 260(1) of the Criminal Act) as stated in Article 2-2(b). This court permitted this, thereby making it impossible for the court below to maintain the judgment below to change the subject matter of the judgment.
(c)
However, notwithstanding the above reasons for reversal of authority, the prosecutor's assertion of mistake as to the primary facts charged is still subject to the judgment of this court, and the following arguments are examined as to the ancillary facts.
2. Facts charged;
A. On October 18, 2017, around 19:40 on October 18, 2017, the primary Defendant: (a) committed an indecent act by taking part in the victim E (the 20-year-old age-old) who was engaged in driving and drinking at the “D” restaurant located in Seocho-gu Seoul Metropolitan Government; and (b) who was engaged in the publicity of the Republic of Korea, by returning the Defendant’s own body back to the lower part of the son’s body, and by taking part in the Defendant’s right chest, the Defendant committed an indecent act.
B. Around 19:40 on October 18, 2017, the Defendant: (a) committed assaulting the victim’s body parts by returning the victim’s body parts back to the Defendant’s next son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.
3. Determination
A. The lower court duly adopted and investigated the allegation of mistake as to the primary facts charged (indecent act).