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(영문) 서울고등법원 2016.02.29 2015노2519

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

Of the part of the lower judgment’s conviction against the Defendant, and the power between around July 1, 2012 and around July 23, 2012.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) did not have sexual intercourse with the victim as stated in paragraph (2) of the crime committed in the lower judgment.

Nevertheless, the court below found the defendant guilty of this part of the crime on the basis of the victim's video recording CD and the victim's statement without credibility.

2) The punishment sentenced by the lower court to the Defendant (eight years of imprisonment and 120 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. From July 1, 2012, a prosecutor (misunderstanding of facts) 1)

7. Until December 23, 200, the victim was only partly confused with the order of time for sexual assault damage by continuing several months by changing the place and suffering sexual assault damage from the defendant. According to the victim's specific and detailed statement, the fact that the defendant had sexual intercourse with the victim on the date stated in this part of the facts charged is acknowledged.

Nevertheless, there was sexual intercourse on the date stated in this part of the facts charged.

The judgment of the court below which acquitted the defendant on the ground that it is difficult to conclude it.

2) From around July 23, 2012

7. According to the victim’s specific and detailed statement of the fact that the defendant had sexual intercourse with the victim at the place indicated in this part of the facts charged, according to the victim’s specific and detailed statement by the threat of force between the parties from

Nevertheless, there was sexual intercourse at the place indicated in the facts charged.

The judgment of the court below which acquitted the defendant on the ground that it is difficult to conclude it.

2. Ex officio determination

A. We examine ex officio the grounds for appeal by the Defendant and the Prosecutor prior to the judgment on each appeal.

Of the facts charged in the instant case, regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme), which was found guilty by the lower court, the prosecutor committed the facts charged in the trial.