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(영문) 부산고등법원 2015.03.12 2014노833

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the defendant's case is erroneous (related to the violation of the Child and Juvenile Protection Act (Rape) in the original judgment) and the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") have a sexual intercourse under the agreement with the victim, and the victim was not aware of the fact at the time that the victim was under the age of 19.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) on the grounds of the victim D's statement suspected of credibility, etc. is erroneous in the misapprehension of facts, which affected the conclusion of judgment.

2) In light of the various sentencing conditions of the instant case on unreasonable sentencing, the sentence imposed by the lower court (one year of imprisonment, five years of disclosure and notification of information) is too unreasonable.

B. In the part of the attachment order case, it is unreasonable to order the defendant to attach an electronic tracking device for 20 years to the defendant although the defendant did not have any habit of sexual assault and there is no risk of recommitting a sexual assault crime, and to impose the following matters to the defendant.

2. Determination

A. Part 1 of the defendant's case concerning misunderstanding of facts) The defendant in the judgment of the court below also argued to the purport that this part of the appeal is alleged, and the court below rejected the defendant's argument in addition to a detailed judgment under the title "the judgment on the defendant and his defense counsel". The summary of the judgment is as follows.

- The summary of this part of the judgment of the court below - Taking full account of the following circumstances acknowledged by the evidence, the fact that the defendant committed rape while recognizing the fact that the victim was under the age of 19 is the victim.

(1) The victim has made concrete statements and descriptions of the circumstances before and after the defendant's delivery, the time of damage, and the situation before and after the damage, and has consistency in such statements, and response to the statements, attitudes and questions in the court;