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(영문) 대전고등법원 2014.06.27 2014노105

강제추행치상등

Text

The judgment below

Part other than the attachment order case shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one and half years of imprisonment, and one and half years of medical treatment and custody) of the Defendant and the person subject to medical treatment and custody, and the person subject to a request to attach an attachment order (hereinafter “defendants”) is deemed unfair.

B. (1) According to the evidence submitted by the prosecutor concerning (A) mistake of facts and misapprehension of legal principles concerning the defendant's case and medical treatment and custody case (A) injury caused by indecent act by compulsion, the court below acquitted the victim of this part of the charges even though the victim's wife at the time of the instant case constituted injury caused by indecent act by compulsion. 2) Violation of the misapprehension of legal principles and misapprehension of legal principles as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on May 23, 2013 (in case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the court below acquitted the defendant of this part of the charges

3) On August 27, 2013, there is credibility of the confession of the defendant as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Violation of Public Place for Sexual Crimes). The judgment of the court below that acquitted the defendant of this part of the facts charged even if the defendant's act constitutes a crime of attempted residential intrusion at least, there is an error in the misunderstanding of facts and misapprehension of legal principles. (B) The sentencing of the court below on the grounds that the sentencing of the improper sentencing is too unreasonable. (In regard to the case of an attachment order, the defendant re-offendered several times under the same criminal record, and the risk of recidivism is confirmed

2. Determination of misconception of facts and misapprehension of legal principles by the prosecutor on defendant's case and medical treatment and custody case

A. (1) On May 25, 2013, the Defendant: (a) committed an indecent act by compulsion; (b) on May 25, 2013, the Defendant entered the content operated by the Victim C (A, 50 years of age) located in Daejeon Dong-gu, Daejeon to purchase the content.