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(영문) 대전고등법원 (청주) 2018.02.01 2017노157

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant - The sentence sentenced by the lower court (or four years and six months of imprisonment, and order to complete a program) is too unreasonable.

B. The prosecutor - misunderstanding of facts and misunderstanding of sentencing 1) Fact (the acquitted part of the judgment of the court below) is not consistent and contradictory to the statements made by the victim's investigative agency about the crime as stated in each of the facts charged, but rejected the credibility of the victim's statement and acquitted the victim of each of the facts charged. The court below

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. Judgment 1 on the Prosecutor’s misunderstanding of the facts as to this part of the facts charged) The Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similars) at the victim’s home in 2014 with the above G and the victim, etc. at the defendant’s home located in the Cheongju-si Office where he was living together with the above G and the victim, etc. on the date of 2014, and the Defendant continued to grow even if the victim was locked at the latest time due to the locked room of the victim.

I think of and back to the victim's her m, her mar, her panty, exceeded her panty, and inserted the Defendant's mar in the victim's resistance.

B) The Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-similar act) at the victim’s home in 2015, from the Defendant’s house located in the Cheongju-si E (hereinafter referred to as the above G and the victim, etc. at the time of wintering in 2015, and the Defendant continued to have the victim, even though the victim experienced the Defendant’s dog and faced the Defendant’s dog at the latest point of view, on the ground of the victim’s locking.

I think of the victim, followed by the victim, pantyty of the victim, and inserted the defendant's sexual organ into the victim's resistance.

Accordingly, the defendant is unable to resist the victim who is a child or juvenile.