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(영문) 서울고등법원 2014.01.23 2013노3450

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) 1 and the person subject to an application for an attachment order (hereinafter “Defendant”) of mistake of facts and the victim’s identity met through the Internet game: (a) the victim E got back to the Defendant’s house because the victim reworked; (b) the victim was believed to have been 20 years old; (c) the victim was unaware of the fact that the victim was a intellectually disabled; (d) the victim was sexually in a sexual relationship under the agreement, and did not have been frighted to the above victim or exercised power; and (b) the victim was ffff was frightly fright to the above victim through bruding; and (c) the victim was f was frightd with the victim at the time of the above sexual relationship with the victim, and the victim was frighted to the Defendant, such as intimidation that the victim should only report to the Defendant.

Nevertheless, the court below rejected the defendant's assertion and found all the charges of this case guilty. The court below erred by violating the rules of evidence and misunderstanding facts, which affected the conclusion of the judgment.

(2) The sentence imposed by the lower court of unreasonable sentencing (one year of imprisonment, six years of disclosure of information, ten years of disclosure of information) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination on the part of the defendant's case

A. In the lower court’s determination of the Defendant’s assertion of mistake of facts, the Defendant argued the same purport as that of this part of the grounds for appeal, and the lower court rejected all of the above allegations by stating in detail the judgment under the title “determination on the Defendant’s and his defense counsel’s assertion.” In line with the records and closely examining these judgments of the lower court, the lower court can sufficiently recognize the fact of sexual intercourse with the victim F, who is a child or juvenile, having weak ability to discern or make decisions due to mental disorder, on four occasions.