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(영문) 창원지방법원 2017.07.20 2017노277
미성년자유인등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor (not guilty part), the Defendants left F as a minor of the instant case out of the parent’s scope of protection and under their physical and real control.

Although it is reasonable to see that the court below acquitted the Defendants of the minor freedom among the facts charged in this case, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower judgment against Defendant A (one year of suspended sentence in six months of imprisonment) is too uneasy and unfair.

2. The prosecutor of the amendment of the indictment shall maintain the facts charged as to the minor liberty of the Defendants who had been acquitted at the court below for the first time in the trial, and shall make the name of the crime as a preliminary offense and the applicable provision of the law as "Article 294 of the Criminal Act" while keeping the facts charged as to the minor liberty of the Defendants who had been acquitted

3. B. 1) An application for amendments to a bill of amendment was filed to add “the ancillary charge” as stated in the paragraph, and this Court permitted the application and added the subject of the judgment.

However, the prosecutor's argument that the prosecutor's mistake of the primary facts is still subject to a trial by this court, and the following is also examined as to the grounds for appeal against the primary facts charged by the prosecutor and the ancillary facts added in the trial by the party.

3. Determination

A. In full view of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the evidence submitted by the Prosecutor on the grounds of the circumstances stated in its reasoning is that the Defendants, on the sole basis of the evidence presented by the Prosecutor, had a criminal intent to move F as a minor under his/her physical and real control, or had the Defendants under his/her real control by deceiving or harshly deceiving F.

The decision of not guilty of the minor freedom among the facts charged in the instant case is justified, and there is no other evidence to acknowledge it.

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