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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
Sexual assault, 80 hours against the defendant.
Reasons
1. Summary of grounds for appeal;
A. As to the remaining facts charged except for a mistake of facts and a mistake of facts, the victim’s statement that conforms to the above facts charged cannot be reliable, and there is no other evidence to acknowledge the facts charged. Nevertheless, there is an error of misconception of facts in the judgment of the court below which found the guilty of this part of the facts charged. 2) The punishment of imprisonment (six years of imprisonment, etc.) sentenced by the court below is excessively unreasonable.
B. The above sentence of the lower court is unreasonable as it is too unfilled.
2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.
A. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) (hereinafter “the Act”), Article 2-A of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), and Article 2-B of the Act on the Punishment, etc. of Sexual Crimes (hereinafter “the Act”) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Prosecutor taken the body of the victim who may cause a sense of sexual shame against his/her will.
“This part” took the body of a victim who may cause a sense of sexual humiliation against his/her will, and simultaneously produces child or juvenile pornography.
The Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity) was changed to the name of the crime, and the applicable provisions of the Act were added to Article 11(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 40 of the Criminal Act was applied for amendments to the bill of amendment.
In addition, as seen below, this Court convicted of the facts charged as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), which is modified as follows.