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(영문) 서울고등법원 2020.07.24 2019노2143
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The judgment of the court below is reversed.

The defendant shall publicly announce the gist of the judgment of innocence.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) With regard to facts constituting a crime in the judgment of the court below and misapprehension of legal principles, Defendant 1 used and rhyd the head of “D” except for the following “the summary of the altered facts charged,” and rhydd the face of D with her fingers, with the face of D’s son, with her face, with her face to be used for her face, and with her will to use her right of action, there is no fact that the Defendant 2, with her left hand and her seat and her seat and sheds or sheds with D’s hair and her head with a view to gaining D’s injury or her head. In addition, with regard to facts constituting a crime in the judgment of the court below, the court below did not err by misapprehending the legal principles of unfair sentencing against the Defendant who ordered D’s act of use of D’s body by force, but it did not err by misapprehending the legal principles as to the Defendant’s act of use of D’s body by force.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment ex officio due to changes in indictment

A. The prosecutor filed an application for modification of a bill of amendment to indictment with the following facts: (a) the Defendant and D, among the facts charged in the instant case, explain all the relationship with the Defendant, etc.; and (b) the instant court granted permission.

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