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(영문) 서울고등법원 2014.01.10 2013노3288

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for two years.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is a difference between the location of the damaged place, structure of the office, company name, etc. among the statements made by the victim of mistake of facts, the court below found the defendant and the person subject to the request for attachment order (hereinafter “the defendant”) guilty of the facts charged in the instant case on the sole ground of the victim’s statement, even though it is not reliable that the victim’s statement was not reliable, in view of the fact that the victim received the money equivalent to KRW 300,00 from the company and the office operated by the defendant at the time and reported the damage only after the long time.

In addition, the Defendant was unaware of the fact that the victim was a minor at the time of interview.

Defendant

See the Reasons for appeal of November 26, 2013, see Supreme Court Decision 13

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (three years of imprisonment, 80 hours of completing sexual assault treatment programs, and 5 years of information disclosure and notice) is too unreasonable.

(c)the order to attach an electronic tracking device to the accused for whom the attachment order period is inappropriate is too long to order the attachment of an electronic device;

2. Determination

A. The defendant alleged the same purport as the above grounds for appeal in the court below's determination of mistake, and the court below rejected the above argument in detail with detailed explanation of the argument of the defendant and his defense counsel under the title of "decision on the argument of the defendant and defense counsel" in the judgment. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below is just.

① At the lower court’s court, the victim entered the curriculum of “Abmon”, which is an Internet job-seeking site on March 201, and sought public jobs, and the victim’s interview from “G” in the e-mail of the victim two to three days, and received contact.