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(영문) 대전고등법원 (청주) 2019.05.30 2018노210

추행유인등

Text

The defendant's appeal is dismissed.

Reasons

1. Notwithstanding Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the lower court sentenced the Defendant’s conviction regarding the part of the case and the part of the case of the attachment order to dismiss the prosecutor’s request regarding the case. Since only the Defendant appealed, the part of the case of the attachment order to which the Defendant appealed is not entitled to appeal, this part is excluded from the scope of

2. Summary of grounds for appeal;

A. Fact-finding (indecent act inducement) The Defendant only induced victims to commit an indecent act with the same words as the facts charged, and did not induce them for the purpose of committing an indecent act.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.

3. Determination

A. The judgment of the court below 1 on the assertion of mistake of facts also made the same assertion in the court below, and the court below also made it possible for the victims of 7,8 years old age to be able to easily commit an indecent act against the victim's eye on the ground that the defendant stated that the victims of 7,8 years old age will be able to be able to be able to be able to be able to commit an indecent act on the victim's eye on the side of his house, ② even though the victim C was "I am at home", the victim D committed an indecent act on the part of the victim's be kid, leading the victim D and panty from the bed on the bed, and ③ the defendant made the victim enter the house by "I son am at home" at the prosecutor's office, and the victim's sexual defense against the victim from the third point to 8 years old age, and reported the victim's sexual defense to the effect that 5,280 years old and late 281."