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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. 1) The defendant's grounds of appeal 1) misunderstanding of facts lies in the punishment imposed by the court below (a fine of KRW 7,000,000, etc.) in light of the following facts: (a) the defendant was found to have violated the Road Traffic Act (a violation of the Act) and against the mistake; (b) the defendant did not focus on the contents and degree of the indecent act; and (c) the defendant was not a primary offender.
B. The Prosecutor’s grounds of appeal 1) Recognizing that the Defendant was a minor at the time of the instant crime, the Defendant recognized that he was a minor. 2) The sentence imposed by the lower court of unreasonable sentencing is excessive
2. The ex officio determination prosecutor applied for permission to change the indictment as stated in the part concerning the crime of assault among the facts charged of the judgment, which followed the part concerning the attempted abduction of a minor among the facts charged of the case, and this court permitted this and changed the subject of the judgment.
Therefore, the judgment of the court below cannot be maintained as it is.
However, despite the above reasons for ex officio destruction, the argument of mistake of facts by the defendant and the prosecutor is still subject to the judgment of this court.
3. Judgment on the grounds of appeal for mistake of facts
A. In addition to the following facts and circumstances revealed through the evidence duly adopted and examined by the court below and the court below, the defendant's allegation of mistake of facts is without merit.
1. On July 17, 2017, 22:59:28 Defendant also pays a card after he/she takes a child or drink.