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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for six years.
For the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1 did not commit an indecent act, sexual intercourse, or sexual abuse against the victims. 2) The sentence imposed by the lower court of unreasonable sentencing is too unreasonable.
2. Determination
A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court ex officio examined the Defendant’s grounds for appeal, and applied Article 71(1)1-2 and Article 17 subparag. 2 of the current Child Welfare Act to the Defendant’s “sexual abuse against the victim D on September 10, 2014.”
Article 71 of the former Child Welfare Act (amended by Act No. 12361, Jan. 28, 2014; Article 1 of the Addenda to the amended Act (amended by Act No. 12361, Jan. 28, 2014) provides that a statutory penalty for sexual abuse against a child shall be imposed on “a imprisonment for not more than ten years or a fine not exceeding 50,000 won,” and Article 1 of the Addenda to the amended Act (amended by Act No. 1) shall enter into force
The term "" is defined as ".
Therefore, the court below erred in applying the new law even though it should have applied the former Act before the amendment, so long as the punishment was not significantly changed in relation to the above provision, the court below should have applied the former Act.
Therefore, the judgment of the court below can no longer be maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.
B. The lower court found the Defendant guilty on the ground that, in light of the circumstances acknowledged by the evidence duly admitted and investigated by the Defendant’s assertion of mistake, the Defendant committed an indecent act against the victim E, such as the facts stated in the facts constituting the crime in the lower judgment, and the abuse and sexual intercourse with the victim D was recognized.
The following circumstances are acknowledged by the court below's ruling and the court below's ruling based on each evidence duly adopted and examined by the court below.