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(영문) 서울고등법원 2016.11.11 2016노2463
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 80 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., e., e., e., g., e., e.,

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the facts charged, the prosecutor changed the part of the facts charged that “the defendant, as a result, made use of the victim’s state of inability to resist, thereby inserting his fingers in the victim’s gender, and commits an indecent act against the victim” to the effect that “the defendant committed an indecent act against the victim’s sexual intercourse by taking advantage of the victim’s state of refusal to resist, and thereby inserting his fingers in the victim’s sexual intercourse.” In the name of the crime, the prosecutor applied for permission to change the bill of indictment with the purport of withdrawing “Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse” and “Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is applicable mutatis mutandis to the applicable provisions,

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence admitted by the court, among the facts constituting an offense in the judgment of the court below, the second 8-9 of the judgment of the court below among the facts constituting an offense in the judgment of the court below, "This defendant, by using the state of the victim's failure to resist, thereby inserting his fingers in the victim's sexual intercourse, and commits an indecent act against the victim." This is the same as the corresponding part of the reasoning of the judgment of the court below, except for the change to "The defendant committed an indecent act against the victim by using the state of the victim's failure to resist, who is a child or juvenile, and

Application of Statutes

1. The relevant legal principles concerning criminal facts against the protection of children and juveniles against sexual traffic;

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