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(영문) 서울고등법원 2019.05.09 2018노3445
의료법위반
Text

The part of the judgment of the court below against the defendant (including the part of the probation order) shall be reversed.

Defendant .

Reasons

1. The court below rendered a judgment dismissing a prosecuted case’s conviction and a request for an attachment order against the prosecutor, and only the Defendant appealed against the prosecuted case.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the application for attachment order is excluded from the scope of judgment of the original court as there is no interest in appeal against the defendant, and only the defendant's case is included in the scope of judgment.

2. Summary of grounds for appeal;

A. The statements of victims that correspond to the facts charged in the instant case are difficult to believe.

The defendant did not exercise his power over the victim C.

Therefore, the judgment of the court below which convicted the defendant is erroneous in misconception of facts.

B. The lower court’s imprisonment (one-year imprisonment, etc.) on the ground of unfair sentencing is too unreasonable.

3. The ex officio determination prosecutor applied for changes in the indictment to the effect that “Article 7(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse” in the applicable provisions of law is deleted from the date and time of the crime under Article 1-A(3)(a) of the facts charged in the trial to “Article 1-A(3) of the facts charged” to “13:00 on April 7, 2013” and “13:0 on April 7, 2013:0 on April 7, 2013.” The court of the first instance

Accordingly, the judgment of the court below cannot be maintained any more, since the subject of the judgment of the court of the party is changed.

(The original court has already recognized the facts of crime and applied the law in accordance with the above contents, and the prosecutor has requested changes in the indictment to confirm them). Although there are grounds for ex officio reversal, the defendant's assertion of mistake of facts is still subject to the judgment of the original court, and this is judged.

4. The defendant's assertion of mistake of facts is without merit as follows.

The victim C Section 4(a) is referred only to as "victim".

As to the crime committed against this case, this case is applicable.

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