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(영문) 서울고등법원 2016.02.23 2015노2747
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

The lower court rendered a judgment of conviction against the Defendant regarding the part regarding the case of the Defendant, and rendered a judgment dismissing the prosecutor’s request regarding the part regarding the request for attachment order and the part regarding the request for protective observation order.

Notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., this part is excluded from the scope of the trial of this Court, as there is no benefit in appeal with respect to the part of the claim for attachment order and the part of the claim for attachment order.

The decision of the court below on the grounds of appeal (three years of imprisonment) is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to an indictment with the content of the facts constituting the crime in the indictment No. 1-B. 1-B. of the facts constituting the crime in the case of the court below, "the reasons for the new judgment" under the facts constituting the crime in the indictment, and since this court permitted it, the judgment of the court below was no longer maintained.

As seen above, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the part of the case of the defendant among the judgment below is reversed, and it is again decided as follows.

【The grounds for the judgment again used: The facts constituting the crime and the summary of the evidence admitted by the court below in the part of the case of the defendant, and the summary of the evidence, are changed to the facts constituting the crime of Article 1-b. of the "criminal facts" of the judgment below, and the summary of evidence "1. Part of the defendant's legal statement" in the "1. The summary of evidence" is the same as the corresponding column of the judgment of the court below, and therefore, it is consistent with Article 369 of the Criminal Procedure Act.

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