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(영문) 광주고등법원 2018.11.08 2018노226
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

The judgment of the court below (including the portion not guilty) shall be reversed.

The punishment of the accused shall be determined by three years and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The prosecutor (misunderstanding the portion not guilty) was indicted on the grounds of appeal under the premise that Article 14(3) and Article 15(2)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse applies to the number of crimes No. 2018, 39, 14(2) and 15(2)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, but the lower court was indicted on the number of crimes No. 1 to 3 times every year under Article 14(2) and 14(1)2 of the same Act.

In light of the above, the defendant was found not guilty, and there was an error of mistake in fact since the judgment was omitted on the four occasions per year. However, on August 22, 2018, the purport of prosecution was clearly stated that the defendant was indicted only on the one to four times per year under Article 15 (2) 3 of the same Act as the part on the amendment of indictment, as shown below, as in the part on the amendment of indictment, and on the premise that Article 14 (3) of the same Act applies, the part on the grounds for appeal in the above case is withdrawn.

The lower court, contrary to the prosecutor’s intent of instituting prosecution against the part of 1-3 times each year in the crime sight table among the facts charged No. 2018 and 29, was indicted under the applicable law of Article 14(2) and 14(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

In light of the above, the judgment of the court below acquitted the defendant, which affected the conclusion of the judgment.

2. Ex officio determination

A. A public prosecutor with regard to the amendment of an indictment filed in this court for the amendment of an indictment to the effect that only Article 15(2)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse is indicted under the applicable law as to the portion of the attached crime No. 1-4 times a year No. 2018 in the indictment No. 2018 and the indictment No. 39 were filed in the same court. In addition, the aforementioned indictment No. 2 provides that “the whole or part of the consideration was given as good offices.”

“The victim who is a child or juvenile shall be the victim three times, such as the statement Nos. 5 to 7 of the daily list of crimes in the attached Form.

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