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(영문) 광주고등법원 (제주) 2013.09.11 2013노53

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

Defendant

All appeals by prosecutors are dismissed.

The application of the judgment of the court below to "1. Criminal facts" in the context of law.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant established a sexual intercourse with the victim under the voluntary consent of the victim, and did not have a sexual intercourse by force by the victim, but did not have a sexual intercourse by force. The lower court found the Defendant guilty of the sexual intercourse with the child or juvenile by force. In so doing, the lower court erred by misapprehending the facts as to the elements of the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape,

B. Prosecutor 1) In light of the fact-finding or misunderstanding of legal principles, only the Defendant and two victims were located in the guest room at the time of the instant case, and the Defendant got off several times for the purpose of preventing the victim from leaving the room, and the victim discovered that the victim’s wall was destroyed immediately after leaving the room, and the victim’s wall room was corrected from the outside, and the victim’s wall was concealed between the wall and water purifier, and the victim’s wall was not stored in one within the wall. In light of the following: (a) the victim’s wall was concealed from the victim’s wall and water purifier; (b) the victim’s cash was stolen from the victim’s wall, but the court below acquitted the victim about the larceny; (c) the court below erred by misapprehending the legal principles as to the elements for larceny; and (d) the victim’s imprisonment for three years and eight years, and (e) the victim’s treatment program was unlawful; and (e) the court below’s decision was unlawful by misapprehending the legal principles as to the elements for larceny.

2. Determination

A. The judgment of the court below on the grounds for appeal by the defendant also has the same assertion as the above grounds for appeal, and the court below has stated in its judgment the defendant's assertion and its decision in detail under the title "the judgment on the defendant and his defense counsel's assertion".