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(영문) 광주고등법원 2019.06.20 2019노13

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

Text

The judgment below

The guilty part of the accused case shall be reversed.

A defendant shall be punished by imprisonment for six years.

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. Articles 2 and 8 (Fact-finding 3 and 9) of the facts constituting a crime in the judgment of the court below (fact-finding 3 and 9) that the defendant and the person to whom the attachment order was requested (hereinafter “defendant”).

(2) The Defendant was not guilty of the remaining crimes except for the crime. Each of the statements made by the victim, F, and D, the victim's misinception, and F and E-Ma, including those that are difficult to obtain in light of the empirical rule, and thus, is not reliable. 2) The Defendant was in a state of being guilty at the time of committing the crime(8) of the lower judgment.

3) The sentence imposed by the lower court on the grounds of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. Determination

A. The court below sentenced a conviction on the criminal facts in the judgment of the court below among the defendant's case, and stated the name of the crime as "violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (competence between minors under thirteen years of age and minors, etc.)" in accordance with Article 8-2 (4) and (2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims thereof (amended by Act No. 8059 of Oct. 27, 2006) and attached Table 5 of the Rules on the indictment and the name of the crime to be entered in the non-prosecution bill, which were enforced at the time while applying Article 298 of the Criminal Act, in accordance with Article 298 of the Criminal Act and attached Table 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (competence between minors under thirteen years of age and minors, etc.)."

The prosecutor applied for the amendment of the Act on the Punishment of Sexual Crimes and the Protection of Victims, while applying for the amendment of the Act on the Punishment of Sexual Crimes from spring to spring in 2007, and the corresponding applicable provisions of the Act shall be amended by Act No. 9110, Jun. 13, 2008.