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The judgment below
The guilty portion against the defendant shall be reversed.
A defendant shall be punished by imprisonment for four years.
(b) the defendant;
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by the Prosecutor 1), even though the Defendant could sufficiently recognize the fact that the Defendant assaulted and threatened C to assault and intimidation C on four occasions, D’s indecent conduct on two occasions, and E on two occasions, the lower court acquitted the Defendant of all of the facts charged. The lower court erred by misapprehending the legal doctrine.
2) Improper sentencing of the lower court is deemed unreasonable.
B. Defendant 1) Defendant 1 did not have a sexual intercourse with the victim I (name) and the victim’s statement that seems to correspond to the facts charged is not reliable.
In addition, the discovery of the genes of the defendant in the fixed half of the amount found from the protection of one victim is likely to be manipulated by the court of the victim's mother.
Nevertheless, the lower court found the Defendant guilty of each of the facts charged on the basis of the statements made by the victim without credibility and the results of the aforementioned gene appraisal. In so doing, the lower court erred by misunderstanding of facts (the attorney’s written opinion and the gist of oral argument, etc. submitted after the expiration of the period for submission of the written grounds for appeal are determined to the extent of supplement of the grounds for appeal specified in the reasons for appeal).
2. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the judgment
Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) provides that a person, who was sentenced to a punishment or a medical care and custody for committing a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or may not provide a child-related institution, etc. with employment or actual labor in fact.