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(영문) 광주고등법원 2013.12.05 2013노373

아동ㆍ청소년의성보호에관한법률위반(준강간등)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") did not commit an indecent act against the victim, and the victim took the money and valuables by threatening the adults to give an aid system, etc. before, the court below found the defendant guilty of this part of the charges in violation of the rules of evidence, although there is no credibility of the victim's statement, it is erroneous that the court below erred in the misapprehension of the rules of evidence.

(2) The lower court’s sentence of unreasonable sentencing (the completion of a sexual assault treatment program with imprisonment for one year and six months, 120 hours, and the disclosure and notification of information for three years) is too unreasonable.

B. The prosecutor's (1) misunderstanding of facts (not guilty part)'s statement in the court below is not reliable in light of the contents of the statement in the investigative agency and the background leading up to the return of the statement, and the document that the defendant read to the victim is not the document of this case, but the document of this case, signed and sealed in blank without the victim's proper knowledge of the use of the document, and it cannot be deemed that the victim impliedly consented to the preparation of a new document containing the contents of the cancellation of the complaint against the defendant in light of the victim's signature and seal in blank

(2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

(3) It is unreasonable for the court below to dismiss the request for attachment order even if the defendant's improper rejection of the attachment order is found to pose a risk of recidivism.

2. Determination

A. (1) The defendant's assertion of misunderstanding the facts alone is not sufficient to deny the credibility of the victim's statement, and the judgment of the court below is closely compared with the records of this case, the victim's statement that the victim was forced to commit an indecent act against the defendant in the state of failing to resist, and thus, it is found guilty of this part of the facts charged.