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The guilty part of the judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Definition of the scope of adjudication;
A. Of the facts charged in the instant case, the summary of indecent act by compulsion among the facts charged by the Defendant is as follows: “Around April 8, 2013, the Defendant 200: “Around 21:10, the Defendant drinked alcohol from the Victim P Operation “P” in the Southern-gu Incheon Nam-gu L, to enter the main room where the victim was the victim, and let the victim enter the main room where the victim was the victim, and the victim was pushed the Defendant, thereby inducing the next victim to stop, and indecent act by inducing the victim again.” The lower court acknowledged the fact that P revoked revoked the complaint against the Defendant on October 18, 2013, the Defendant dismissed the prosecution pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.
However, since there was no appeal from the defendant or prosecutor regarding the above indecent act, the dismissed part of the judgment of the court below is already determined and exempted from the scope of the party members' judgment.
B. Notwithstanding the provisions of Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders as there is no benefit in appeal as to the part of the case for which a request for attachment order was filed, the lower court sentenced the prosecutor to dismiss the request regarding the part of the case for which the request for attachment order was filed, and thus, the part of the case for which the request for attachment order was filed is unfair, despite the provision of Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Electronic Devices for Specific Criminal Offenders (see, e.g., Supreme Court Decision 82Do2823, Jan. 18, 1983; 82Do611, Jan. 18, 1983)
3. The instant crime committed was committed by the Defendant on the ground that the said victim would not sell alcohol at the “D teahousehouse” in the operation of the victim E, and subsequently, sought a “D teahouse” thereafter, but the said victim did not open the entrance, which led to the collection of the water meter lids, thereby damaging the door door of KRW 50,000 at the market price.