(영문) 서울고등법원 2019.01.10 2018노2311 | 리걸엔진

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(영문) 서울고등법원 2019.01.10 2018노2311

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: It is erroneous in the misapprehension of legal principle that the part of the indictment was dismissed by the lower judgment on the grounds that some of the facts charged are not specified, thereby affecting the conclusion of the judgment.

The defendant did not dispute the facts of the dismissal of prosecution from the investigative agency to the court below, and did not interfere with the guarantee of the defendant's right to defense.

Furthermore, the date and time of the crime was specified as the "chemical class period from March 2017 to July 21, 2017", and the place of crime was specified as the "in the first grade class class of B high school", and the method of crime is also specified in detail.

As a result of the transfer inspection, the victims were present and their status was not specified at the request of the victims.

Therefore, the court below's dismissal of this part of the public prosecution is erroneous in the misapprehension of legal principles, although the scope of the court's trial is sufficiently specified.

2. According to the evidence duly admitted by the court below's judgment, all the circumstances acknowledged in Section 8 of the judgment below's "B" are justified.

In light of the relevant legal principles of the judgment of the court below, the facts charged from Nos. 2 to 20 each of the annexed crime list Nos. 7 to the annexed crime list shall not be deemed to constitute a case where the prosecutor stated specific facts that constitute the elements for crime so that the prosecutor can distinguish the facts by taking into account the date, place, and method

This is the same in consideration of all the circumstances asserted by the prosecutor in the grounds for appeal.

The judgment of the court below to the same purport is just, and the prosecutor's assertion disputing this is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed. It is so decided as per Disposition.

유사 판례

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