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(영문) 대전고등법원 2020.08.21 2020노47

강간치상등

Text

The judgment below

The guilty part and the part of the request for attachment order shall be reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

1. Summary of the facts charged in this case and judgment of the court below

A. The summary of the facts charged is ① the names of victims E (the name of the victims; hereinafter the same shall apply) and below all the names.

The prosecution was instituted on the following facts: (a) the injury caused by rape or quasi-rape; (b) the injury caused by indecent act by compulsion against the victim P; (c) the injury caused by indecent act by indecent act against the victim'sO; (d) the injury caused by indecent act by indecent act against the victim N; (v) the violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (13 years of age) and the violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse

B. The lower court found the victim E guilty of the injury resulting from quasi-rape and did not determine the injury by rape. ② The victim P,O, and N judged the injury by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by each of the reduced facts included therein. ③ The victim I convicted the victim I of the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims from Sexual Abuse of the Act on the Protection of Children and Juveniles from Sexual Abuse (similar act by minor rape, etc. by minor under thirteen years of age). The lower court found the victim I guilty of the violation of the Act on the Protection of Children and Juveniles from Sexual Abuse by official authority without changing the indictment.

2. The summary of the grounds for appeal and the person to whom the attachment order was requested (hereinafter “defendants”) appealed against the conviction part among the Defendant’s case and the claim for attachment order. The prosecutor appealed against the entire judgment of the court below.

The gist of each appeal shall be as follows:

Defendant

1) The lower court’s judgment on the Defendant’s assertion of unreasonable sentencing (one-year imprisonment, etc.) is too unreasonable. [The Defendant’s submission of the instant trial proceedings is based on the data.]