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(영문) 광주고등법원 2014.02.11 2013노435
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

. against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below erred in finding the defendant guilty of this part of the facts charged, although the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendants") (1) mistake of facts (Paragraph 2 in the original trial) did not have committed an indecent act by force against the victim.

(2) The mental and physical disorder (Paragraph 2) was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disorder or mental and physical disability.

(3) The lower court’s sentence of unreasonable sentencing (a year and six months of imprisonment, a disclosure and notification of information for three years, and the attachment and imposition of an electronic tracking device for three years) is too unreasonable.

B. The prosecutor (1) misjudgments the facts against the rules of evidence that the court below acquitted the victim of this part of the facts charged despite the credibility of the statement of the victim (not guilty in the reasons).

(2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. (1) The Defendant case is examined ex officio prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor.

For the first time in the trial, the prosecutor filed a motion to amend the bill of amendment with respect to the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) and the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the charge concerning innocence in the original trial) (the charge concerning the acquittal in the reasoning) with respect to the defendant in the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the same content as the charge of the guilty part at the time of the original trial). Since this court's permission to change the charge, the judgment

Meanwhile, the judgment of the court below has the above reasons for ex officio reversal.

Even if the defendant's assertion of mistake and mental disorder and the prosecutor's assertion of mistake is still in this court.

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