logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.29 2016노2768
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

Of the accused cases of the lower judgment, July 3, 2014.

Reasons

On July 4, 2014, the lower court found Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under thirteen years of age) against Victim G, and sentenced Defendant 2 years and six months of imprisonment, and acquitted Defendant 3 on July 3, 2014 on the ground that there was no proof of a crime regarding the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under thirteen years of age) against Victim D, and dismissed the Prosecutor’s request to attach an attachment order.

On July 3, 2014, a prosecutor filed an appeal against the victim D on the ground that the lower court acquitted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) against the victim D on the ground that there was an error of misunderstanding of facts or misunderstanding of legal principles, and the Defendant filed an appeal against the conviction portion on the ground of unfair sentencing. On July 3, 2014, the prosecutor at the trial before remanded the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13) against the victim D on July 3, 2014, and deemed the primary charges as the primary charges. On the other hand, the prosecutor added the charges as stated below, and applied for the amendment of Article 71(1)2 and Article 17 subparag. 4 of the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014).

The trial prior to the remand of case reversed the part of the judgment of the court below on the grounds of the modification of the above indictment, and accepted the defendant's assertion of unfair sentencing as to the guilty part of the judgment below, and sentenced the defendant to a suspension of execution of three years and 40 hours, and the defendant to a suspension of execution of two years and 2 months, and the defendant's primary charges and ancillary

arrow