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(영문) 대전고등법원 2018.10.19 2018노229
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and Sentencing) did not commit an indecent act against Victim E, as stated in the facts constituting an offense in the lower judgment (misunderstanding of facts and misapprehension of legal principles). (2) Even if the Defendant’s act was found guilty, the lower court’s sentencing (i.e., imprisonment with prison labor for a period of four years, 120 hours, orders to complete sexual assault treatment programs, and orders to disclose or notify personal information for a period of five years) is excessively unreasonable.

B. A prosecutor (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing) committed an indecent act against a victim G as described in the facts charged in the 2017 Gohap 42 case. The lower court found the Defendant not guilty on the ground that there is no credibility in the statement made by the said victim (misunderstanding of facts and misapprehension of legal principles). 2) The lower court’s sentencing is excessively unreasonable and unfair.

2. Before determining the reasons for ex officio appeal, the Prosecutor applied for changes in the indictment to “from the beginning of the beginning of the beginning of the beginning of the year of 2014 to the beginning of the beginning of the first in the first in the first in the first in the first in the first in the first in the first in the first in the first in the second in the first in the first in the second in the second in the second in the second in the second in the second in the second in the second in the second in the second in the second in the second in the second

As above, the revised facts charged and the remainder of the judgment correspond to concurrent crimes under the former part of Article 37 of the Criminal Act. Since a sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the remainder cannot be maintained. Ultimately, the judgment of the court below cannot be exempted from the whole reversal.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 it is again decided as follows through pleading.

[Grounds for another judgment]

1. The facts charged in this case

A. 2017 Gohap 42 [Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by a minor under the age of 13].

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