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(영문) 서울고등법원 2015.01.16 2014노3009

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Punishment, etc. of Sexual Crimes) around October 2013, the defendant and the person requesting an attachment order (hereinafter “the defendant”) are not more than C victim who is a friendship parent.

subsections and

B. (1) Since the victim’s “victim” in paragraph (1) was blocked with block, it cannot be deemed that the Defendant had an intention to commit an indecent act, the judgment of the court below which found the Defendant guilty of the above facts charged is erroneous.

B. As to the facts charged of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of relatives) around the end of December 2013, the defendant cannot be deemed to have committed an indecent act by force since the victim, immediately after the victim had a victim's bodily injury with his/her bodily injury, expressed his/her intention of refusal and did not exercise any further tangible power. As to the facts charged of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives), the court below found the defendant guilty of the facts charged of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives).

C. The court below's decision on the grounds of unfair sentencing (four years of imprisonment) is too unreasonable.

The court below's improper assertion that the attachment order (10 years) issued by the defendant is unfair.

2. Determination

A. It is different from the Defendant’s confession in the court of first instance as to the assertion of mistake of facts in the appellate court.