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(영문) 대구고등법원 2014.06.12 2013노674

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

For a period of 10 years, the information on the defendant.

Reasons

Summary of Grounds for Appeal

Defendant

The victim of Paragraph 1 (the part of indecent act by compulsion against the victim E) of Paragraph 1 (the part of indecent act by compulsion against the victim E) at the time of original adjudication on the mistake of facts by the person against whom the attachment order was requested (hereinafter referred to as the "defendant") was living in the practice room in the summer in 2011.

In addition, it is not possible for the defendant to commit an indecent act against the victim who was frighten in the defendant's house, such as the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the victim's claim that the victim's bet able to commit an indecent act against P in the status of P

Furthermore, the Defendant, around December 201, went to the second floor house located at H (hereinafter “W second floor house”) in J in Jin-si 102 at Jin-si 102 at Jin-si 102 at Jin-si 102 at Jin-si around Jin-si (hereinafter “former Vin 102”), but the victim did so at the time of the original adjudication.

Paragraph 1 is also set forth in the judgment of the original court.

The credibility of the entire statement is doubtful in that it is stated that the indecent act was committed in the same place as the paragraph.

(In the court below's decision, the prosecutor changed the indictment as the defendant asserted and proved it in the court below's decision). Nevertheless, the court below which found all of this part guilty is unlawful.

In the original adjudication, there is no fact that the victim has sexual intercourse with the victim after obtaining consent from the victim under Paragraph 2 (Rape part with the victim F). However, there is no fact that there is no assault or intimidation against the victim, and there is no fact that the victim has sexual intercourse against the victim's will.

In light of the fact that it is difficult to see that the act of the victim participating with the defendant in the performance of Korean classical music, etc. even after rape was rape, the statement made by the victim that the rape was rape is not reliable.

Nevertheless, the lower court that found all of this part guilty is unlawful.

In light of the fact that there is an infant to support unfair sentencing and there is no previous fault, the sentence imposed by the court below against the defendant (7 years and six months of imprisonment) is too excessive.