아동ㆍ청소년의성보호에관한법률위반(강간)등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that this judgment.
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (unfair imprisonment with prison labor for two years and six months) is too unreasonable.
B. The prosecutor (1) misunderstanding of facts and misunderstanding of legal principles (not guilty in the grounds) the victim's statement that the defendant raped the victim by assaulting the victim's face back from the DNA bank of this case, such as resisting the victim's face and pushing the victim with clothes, can be sufficiently recognized.
Nevertheless, the lower court rejected the victim’s statement and acquitted the Defendant of this part of the facts charged, and erred by misapprehending the legal doctrine on assault in the crime of rape, thereby adversely affecting the conclusion of the judgment.
(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (two years and six months of imprisonment) is too uneased and unreasonable.
2. Determination
A. (1) The summary of this part of the facts charged is that the Defendant continued to communicate with the victim C (such as 17 years of age, 17 years of age) and the Internet site “D”, which was known by the introduction of the author. On August 19, 2018, the Defendant viewed the above victim as a film first and went to the “F” located in Dongjak-gu Seoul Metropolitan Government E and the second floor.
At around 22:00 on August 19, 2018, the Defendant, while showing a film with the victim in the film viewing room “F,” had the victim danced with the victim himself/herself, while the victim sees the body of the Defendant by her hand while leaving the body of the Defendant, and then sees the victim’s face with his/her hand, thereby fit the victim’s face to fit himself/herself for the entry and drinking of the victim, knife his/her breast, knife his/her fingers his/her fingers into the body of the victim, and knife his/her fingers into the body of the victim, and put his/her fingers into the body of the victim into the body of the victim, while putting him/her knife his/her fingers into the body of the victim and knife his/her clothes.
Accordingly, the defendant is an assault.