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(영문) 서울고등법원 2018.01.16 2017노2714

아동ㆍ청소년의성보호에관한법률위반(강간등치상)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for four years.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) 1) are misunderstanding the facts, misunderstanding the legal principles, and misunderstanding the facts charged in the instant case, the “satisfincium and the other half-proofs, U.S. Esatlass, Esatlass, and Gall infections” are not symptoms only arising from sexual intercourse, and thus, there is a causal relationship between the Defendant and the rape crime in the instant case.

It is difficult to see it.

Even if the symptoms of the victimized person were caused by the rape of the Defendant, the injury cannot be deemed to be an injury to the extent that the injury was likely to interfere with daily life, considering the fact that the injured person did not receive any particular treatment in addition to antibiotics per week, and that the hospital did not appeal the symptoms.

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 (the injury caused by rape, etc.) is erroneous in the misapprehension of facts and legal principles.

2) The sentence sentenced by the lower court to the Defendant (the sentence of imprisonment of three years and eight years and eight hours and more) is too unreasonable.

B. Prosecutor 1) The sentence sentenced by the lower court against the Defendant, which was unfair in sentencing, is too uneasible and unfair.

B) It is improper for the lower court to exempt the Defendant from issuing an order to disclose or disclose personal information.

2) The lower court’s dismissal of the Defendant’s request for the instant attachment order, even if the Defendant’s request for attachment order is found to pose a risk of recidivism.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and legal principles, the injury resulting from rape is extremely minor and thus need to be treated as it does not constitute a crime of injury resulting from rape in the event that there is no natural therapy and there is no hindrance in daily life. However, this does not constitute the injury of the Defendant’s injury resulting from rape.