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(영문) 광주고등법원 2013.08.29 2013노240

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts is difficult to believe the victim’s statement, such as that the victim cannot memory the date of the victim’s memory until the time when the victim was damaged, and the Defendant said that there was no agreement from the victim’s side on the part of the victim, and that the Defendant did not request the Defendant’s shot money, and that the fact was insufficient to prove that the Defendant’s shot money did not commit the instant crime, and that the Defendant prepared a letter of intent to commit the crime even though there was no enemy who committed the instant crime, and therefore, the Defendant’

Nevertheless, the judgment of the court below which found the defendant guilty on the grounds of the victim's statement and statement, etc. is erroneous in the misapprehension of the judgment.

(2) The sentence imposed by the lower court on the Defendant (five years of imprisonment, forty hours of order to complete a program, disclosure and notification for six years) is too unreasonable.

B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court determined based on the evidence reveals the following: (a) the victim made a consistent statement on the date and time indicated in the facts charged from the investigative agency to the court; (b) the background leading up to the victim’s home at the time of rape; and (c) the situation or method at the time of rape; (d) the mother of the victim made a statement that he/she took advantage of the letter while asking the victim whether he/she was erroneous for the victim when he/she found the victim after taking advantage of the damaged facts from the victim; (c) the mother of the victim prepared and sent it to the victim; and (d) the Defendant stated that “I think that the Defendant committed sexual assault against the victim at the small room of the Defendant’s home at the end of August 2012.”