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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) of the instant facts charged by the Defendant did not show the victim’s shoulder and her mar, as stated in the instant facts charged.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
A. According to the records of this case of illegality in the trial proceedings, the court below served a copy of indictment, a summons of the defendant, etc. by serving public notice pursuant to Article 23 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings, and sentenced to a fine of five million won by proceeding the trial in the absence of the defendant. The defendant filed a claim for recovery of the right of appeal against the judgment of the court below formally finalized, and the court below recognized that the defendant was unable to appeal within the appeal period due to a cause not attributable to the defendant
Comprehensively taking account of the above facts acknowledged, there are grounds for a request for retrial under the Act on Special Cases Concerning the Promotion of Litigation, etc. as the defendant was unable to attend the trial of the court below
Recognizing this, this Court has conducted a new litigation procedure, such as serving a copy of indictment on the defendant, and rendered a new judgment according to the result of a new trial (see Supreme Court Decision 2014Do17252, Jun. 25, 2015). Accordingly, the judgment of the court below cannot be maintained as it is.
B. The prosecutor of the Amendments to Bill of Indictment applied for the amendment of Bill of Indictment to change the part of the indictment against the Defendant “in a way that embarm or embarm is cut off” to “in a way that embarm or embarm is cut off,” and the judgment of the court below cannot be maintained.
(c)
Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) (amended by Act No. 15352, Jan. 16, 201) is a sex offense against children or juveniles or a sex offense against adults (hereinafter referred to as "sex offense").