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(영문) 서울고등법원 2016.07.14 2016노1220
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

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

A. A. The prosecutor of changes in indictment maintained the previous facts charged as the primary facts charged and committed an indecent act by force among the last facts charged as the preliminary facts charged.

“Indecent act by force” in the part “.

Article 7(5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as Fraudulent Means, etc. by Minors under the age of 13) were amended to mean “an application for amendment of an Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” and “Article 7(5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” were amended to mean “an application for amendment of

On the other hand, as examined below, the judgment of the court below which found the primary charge guilty is erroneous in the misunderstanding of facts or misunderstanding of legal principles as to forced indecent act, which affected the conclusion of the judgment. Thus, the judgment of the court

B. The summary of the facts charged in the instant case is a learning teacher teaching the victim, and the defendant has been engaged in two times a week from June 30, 2015 to August 4, 2015. ① On July 14, 2015, the victim’s left arms and descendants, etc. can be used from time to time within the victim’s room. ② On July 21, 2015, the victim’s head was hyddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd by the victim.

2) Determination.

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