(영문) 서울고등법원 2020.12.17 2020노1358 | 리걸엔진

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(영문) 서울고등법원 2020.12.17 2020노1358

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

A child or youth-related institution, etc., for the accused.

Reasons

1. Summary of grounds for appeal;

A. 1) The lower court’s imprisonment (seven years of imprisonment, etc.) is too unreasonable and unfair. 2) It is unreasonable for the lower court to order the Defendant to put an employment restriction for a period of 10 years.

B. According to the CCTV image of a misunderstanding of facts (not guilty part), the Defendant appears to have the face of the victimized child even though the face was attached on the face of the victimized child. The head of the Defendant’s body to dancing with the relation in which the Defendant is well aware of it is not clearly revealed. However, in light of the distance between the Defendant and the victimized child, the circumstances before and after the crime, and the tendency of the Defendant, etc., it can be sufficiently presumed that the Defendant’s entrance had contacted the face of the victimized child. Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged is an unlawful act of mistake of facts. (ii) The lower court’s sentence of unfair sentencing is unreasonable as it is too unreasonable.

2. Ex officio determination

A. First, the prosecutor of the defendant's case reaches the trial

A. (3) Of the facts charged in paragraph (3), the part regarding “the Defendant’s face at the right side of the victim” as “the victim’s left face” was requested to amend the amendment of the indictment with the effect that “the Defendant’s face at the right side of the victim is changed,” and this Court permitted the amendment of the indictment.

However, as seen below, this court found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minor, Minor, etc. under thirteen years of age) (hereinafter “Indecent Acts such as Minor, etc.”) and the former part of Article 37 of the Criminal Act, the remaining parts of the judgment of the court below that should be sentenced to one punishment cannot be maintained.

(b) A prosecutor who requests probation order shall appeal against a prosecuted case.

유사 판례

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-서울중앙지방법원 2016.11.25 2016고합1010

-부산지방법원 서부지원 2019.05.17 2018고단1858