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(영문) 서울고등법원 2020.04.02 2019노2464

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

The judgment below

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

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

(b) the defendant;

Reasons

1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part on which the Defendant’s request for attachment order or probation order was sought, and only the Defendant filed an appeal.

Therefore, the above part is excluded from the scope of the trial of this court, and only the part of the defendant's case belongs to the scope of the trial of this court, as there is no interest in appeal against the defendant with respect to the request for attachment order and the request for probation order.

2. Summary of grounds for appeal;

A. In light of the fact that the victim, who was not notified of the damage inflicted by the victim-friendly arrest F in the drinking place at the time of the mistake of facts, was informed of the damage at an open place only after the lapse of four months, and that the crime as described in the facts charged is either impossible or very difficult considering the body of the victim and the defendant, and that the victim's statement about the time when the victim's male or female father or mother is aware of the case, the victim's male or female mother, etc., and the victim's statements about the point when the victim's family or mother is aware of the case, it is difficult to believe that the victim's statement that he

Nevertheless, the judgment of the court below that found the facts charged in this case as proved without a reasonable doubt only with the evidence of the submission by the prosecutor, including the victim's statement, was erroneous.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, etc.) is too unreasonable.

3. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the Defendant alleged to the same effect in the lower court, and the lower court’s judgment is in a very detailed and detailed manner from Nos. 5 to 7 of the lower judgment.