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(영문) 서울고등법원 2020.04.24 2019노2538
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s statement of grounds for appeal contains a mistake of facts, the Defendant explicitly stated that “The Defendant withdraws the assertion of mistake of facts as to the facts in the judgment of the first instance court among the grounds for appeal, asserts an unreasonable sentencing, and confessions the facts in the judgment.”

The punishment (fine 15 million won) imposed on the defendant by the court below is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is unreasonable as it is too uneasible to the sentence. 2) The lower court’s improper exemption from employment restriction order and disclosure and notification order is unreasonable.

2. An ex officio prosecutor filed an application for changes in indictment with the purport of changing the facts constituting an offense (the purport that the defendant excluded the victim from the facts constituting an offense) as stated in the judgment after maintaining the name of the offense and the applicable provisions of Acts in the indictment, and using them again in the indictment. Since this Court permitted this and permitted it, the judgment of the court below cannot be maintained as it was.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

[The reason for the judgment in multiple times] The defendant is the president of CA of the CA in Manyang-dong-dong-dong-gu-gu-si-si-si, which is the president of the CAD on January 3, 2019, and examined the open passage of the victim D (V, 15 years old). The victim was placed on the bed on the bed part of the bed, and then the victim was exposed to the victim's standing on his/her own hand to display the victim's ship by walking on and under the bed and under the bed, and committed an indecent act by force against the victim, who is a child or juvenile.

(i) the evidence;

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