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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary and ex officio determination of the grounds for appeal by a prosecutor;
A. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) is as follows: (a) in light of the fact that the student in the name-free DNA who was at the time of the instant case reported the Defendant to the school, it is clear that the Defendant actually engaged in missionary activities under the name of sexual intercourse; and (b) the intention to read a sexual document is only available.
Even if the defendant was aware at least of the dolus negligence, the court below acquitted the defendant of the facts charged of this case, which erred by misapprehending the legal principles, which affected the conclusion of the judgment, although the court below acquitted the defendant of the facts charged of this case.
B. B. Prior to the judgment on the grounds for appeal on the amendment of the indictment ex officio, the Prosecutor applied for the amendment of the indictment to the effect that “the Central Library of the above school” in Part 4 of the facts charged was changed to “the Central Library with the control of students and outside the teachers and staff at the above school,” and the judgment of the court below was changed to the subject of the judgment upon permission. Thus, the judgment below was no longer maintained.
C. If so, the judgment of the court below is reversed ex officio in accordance with Article 364 (2) of the Criminal Procedure Act without omitting the judgment of the court below on the grounds of ex officio reversal, and it is decided as follows through pleading as to the changed death of public prosecution.
2. Determination of the changed facts charged
A. The summary of the revised facts charged is that the Defendant, on several occasions on February 23, 2012, requested from D University E Law Firm, F (GGs) to refrain from entering the said school that has a flimatic ideology to conduct a flimatic mission, but on April 14:0, 2012, he/she is in Jung-gu, Seoul.