(영문) 서울고등법원 2012.12.07 2012노2285 | 리걸엔진

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(영문) 서울고등법원 2012.12.07 2012노2285

청소년의성보호에관한법률위반(청소년강간등)등

Text

The conviction part among the defendant's case of the judgment below shall be reversed.

A defendant shall be punished by imprisonment for three years.

In this case.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) did not commit the crime of indecent act by compulsion or rape against the victims as stated in the judgment of the court below, and further, it is difficult to view the content of the crime of indecent act by compulsion against the victims H as stated in the facts charged as such as causing sexual humiliation or aversion to the general public.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. (1) According to the evidence submitted by the prosecutor (1) of the court below, although the defendant could sufficiently recognize the fact that he committed an indecent act by force against the victim E on July 2009, the court below acquitted the defendant of this part of the facts charged.

(2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

(3) The lower judgment dismissing the Defendant’s request for attachment order even if the Defendant’s recidivism possibility regarding the attachment order case is sufficiently recognized.

2. Determination:

A. Before the judgment on the grounds of appeal by both ex officio as to the conviction of the judgment below, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and Article 2-B of the facts charged at the trial.

An application for amendment to a bill of amendment to the effect that the date and time of the crime in the port (Rape part with the victim E) is changed from “17:00 on July 2008 to “17:0 on May 2008 on the date and time of the crime.” Since this court permitted it, the conviction part of the judgment of the court below cannot be maintained any longer.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake or misapprehension of legal principles about the guilty part of the judgment of the court below is still subject to the judgment of the court of this court.

B. (1) The lower court on the part of the Defendant’s assertion of mistake of facts or misapprehension of legal doctrine regarding the indecent act by force against the victim H and E (Articles 1 and 2-A(a) in the original judgment).

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