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(영문) 서울고등법원 2014.03.20 2013노3571

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the victim's statement, etc., which has the gist of the grounds for appeal, the court below found the defendant guilty of the facts charged of this case, but found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding

2. The summary of the facts charged is that the Defendant, in November 2012, came to know of the victim D (the age of 17) through the “compact” of smartphones, and sent contact to the Defendant on November 21, 2012, around 12:00, around the victim’s house located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, the Defendant used the victim in front of the victim’s house in front of the victim’s house located in Seongbuk-gu, Seoul, and was serving the victim in front of the victim’s house in front of the victim’s house, leading the victim in front of the victim’s house, leading the victim in front of the victim’s house, leading the victim to the H station located

The Defendant continued to be a place where the film can be seen by the victim, leading the victim to the “mtex”, and went back to the “mtex” located in the “Jmt” located in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City.

At around 16:00 on the same day, the Defendant had sexual intercourse once with the victim, with a view to rapeing the victim who had a motion picture like J M-ray No. 7 on the same day, putting the victim on the shoulder part of the victim who was seated, putting the victim on the victim’s body, resulting in the victim’s physical leakage, etc.

Accordingly, the defendant raped the juvenile victim once.

3. Determination

A. In criminal proceedings conducted in the form of a participatory trial introduced to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the full bench about the recognition of facts by the jury composed of citizens cultivated through strict selection procedures has a recommended effect to assist the judgment of the fact-finding judge who has full power over the preparation of evidence and fact-finding under the principle of direct and direct examination and court-oriented trials, and the jury also has the whole process of fact-finding, such as examination of witness.