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(영문) 서울고등법원 2013.10.31 2013노1214
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The judgment below

Of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant is innocent.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by a mistake-finding prosecutor, the lower court acquitted the Defendant on all of the facts charged in the instant case, including the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act), the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act) and each violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

B. The sentence imposed by the court below on the defendant (the fine of nine million won) is too uneasible and unfair.

2. Determination

A. Prior to the judgment on the grounds of appeal as to this part of the judgment ex officio (the part concerning inducement of indecent act or sexual intercourse), the prosecutor applied for changes in the indictment to delete the name of the crime from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" in relation to the crime committed with the purpose of indecent act or sexual intercourse" and "Article 5-2 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes" from among the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes. Since this court permitted this and changed the subject of the judgment, the judgment of the court below that acquitted each of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,

B. In full view of the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts (excluding the part of innocence for the purpose of indecent act or sexual intercourse), and the circumstances presented by the court below, the court below is subject to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion), and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (ameras

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