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(영문) 대구고등법원 2014.08.21 2014노193
청소년의성보호에관한법률위반(청소년강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

information about the defendant for five years.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (two years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The part of the Defendant’s case (e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

2. Ex officio determination

A. On November 12, 2013, the summary of the facts charged regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the Victims of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant was willing to commit an indecent act against the other passengers in a bus, such as 39 and 990 times operating the lux in the luxious mountain.

On November 12, 2013, at around 07:50, the Defendant committed an indecent act against the above victim, who is a juvenile, by inserting her k's legs, chest, face in urban buses No. 990, which are operated in a mountain market. The Defendant committed an indecent act against the above victim, by putting her k's k's k's k's k's k's k's k's k'

[Public prosecutor stated that this part of the facts charged is withdrawn during the second public trial of the court of first instance. However, the withdrawal of the facts charged by the method of amending the indictment is possible only to some of the facts charged within the extent that the identity of the facts charged is recognized. Thus, in a case where several facts charged in the indictment are not identical and substantial concurrent relations exist with each other, the public prosecutor withdraws part of the facts charged from the indictment by the method of amending the indictment, not to amend the indictment (see, e.g., Supreme Court Decision 91Do1438, Apr. 24, 1992). Meanwhile, according to Article 255(1) of the Criminal Procedure Act, revocation of public prosecution can only be made before the pronouncement of the judgment of the court of first instance. Since other facts charged in the indictment and this part of the facts charged are not identical, and it is clear that the public prosecutor orally

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