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(영문) 광주고등법원 (전주) 2015.01.20 2014노285

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) 1 - The Defendant stated that the Defendant violated the Child Welfare Act, the guilty part of the judgment of the court below, which is the part of the judgment of the court below, was the victim’s refusal to engage in the activities on behalf of the Defendant, and there was no statement that “I will lead to a replacement. I will be a successor,” and that “I would be a member of I would be a member of I would be a member of I would be a member of I would be a member of I would be a member of I would be a member of I would be a member of I would be a member of I would.” Nevertheless, the court below found the Defendant guilty of this part of the facts charged and there was an error of law by misunderstanding the fact that the judgment below

B. Prosecutor 1) misunderstanding of facts - Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-rape, etc.) and violation of the Child Welfare Act due to sexual abuse committed by a victim has made a concrete statement on the part where it is difficult for the victim to express the damage if he/she did not directly experience the damage, and the circumstances leading up to the disclosure of the damage by the victim’s statement, etc. As such, according to the victim’s statement, etc., the court below acquitted the Defendant of all charges of this part of this case on the grounds that there is no proof of

3. The judgment of the court below that dismissed the request for an attachment order even though the part of the case for which the attachment order is requested is deemed likely to recommit a sexual crime.

2. Part of the defendant's case

A. It can be seen by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts.

참조조문