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(영문) 서울고등법원 2013.09.27 2013노1469

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

For five years, the disclosure of the information on the accused.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant and the respondent for an attachment order (hereinafter “Defendant”) asserted the misunderstanding of facts, despite having committed sexual intercourse and oral intercourse with the victim E, the lower court found the Defendant guilty of this part of the facts charged.

B. The court below's order of disclosure of five-year imprisonment and seven-year order against the defendant is too heavy or unjust.

C. Although the defendant cannot be deemed to pose a risk of repeating a crime, the lower court imposed an attachment order on the defendant, and the period of the attachment order (10 years) is too excessive.

2. Judgment on the assertion of mistake of facts

A. A. A summary of the facts charged 1) At around 03:00, the Defendant discovered “G” clubs located in Mapo-gu Seoul, Mapo-gu, Seoul (hereinafter “victims” in paragraph (2) and identified the contact details from the victim, provided that the Defendant provided an interview to the victim, and responded to this.

Accordingly, the Defendant: (a) laid the victim into the Defendant’s BMW car; and (b) moved the victim into the Defendant’s house at the Defendant’s house No. 102 Dong 2009, Yongsan-gu, Seoul, which called “I-gu Office and play in the same manner if the victim ransc along with the storm.”

피고인은 위 장소에서 피해자에게 술 두어 잔을 마시게 한 뒤, 술에 취한 피해자를 침대에 눕히고 끌어안고 키스를 하다가, 깜짝 놀라서 뒤로 고개를 젖히고 ‘왜 이러냐.’고 말하며 거부하는 피해자의 입을 피고인의 입으로 막고 피해자의 몸 위에 올라타, 한 손으로 피해자의 팔 등을 잡아 누르면서 다른 손으로 피해자가 입고 있던 트레이닝복 바지와 팬티를 벗겨, 피해자의 성기에 피고인의 성기를 삽입하였다.

Accordingly, the defendant is a juvenile by force.