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(영문) 광주고등법원 2018.05.03 2017노476
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The purpose of the Defendant’s assertion that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were to mislead the victim into the vehicle was to inform the victim of the location of H in relation to the part-time feet by the victim.

In addition, while driving one motor vehicle, there is a fact that the head of the lighting is trying to fasten the safety belt to the victim, and there is no intention to commit an indecent act against the victim.

The judgment of the court below which found all of the facts charged guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The lower court’s punishment (three years of imprisonment) that was unreasonably alleged in sentencing is too unreasonable.

B. The Prosecutor’s sentence is so unfased that it is unfair that the Prosecutor’s sentence is too unfasible, and the period of disclosure and notification of personal information ordered by the lower court (five years) and the period of attachment of an electronic tracking device (six years) is too short.

2. The part of the defendant case

A. The lower court also asserted that the Defendant’s assertion of mistake as to the Defendant’s facts was identical to that of the above facts, and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

In light of the evidence duly admitted and examined by the lower court, the lower court’s determination is justifiable, and the Defendant’s assertion of mistake is without merit.

B. In this case, the determination of the unjust assertion of sentencing by the Defendant and the Prosecutor is an unfavorable circumstance to the Defendant, such as: (a) inducing the Defendant, who is merely ten years of age, to commit an indecent act on one’s own motor vehicle; and (b) having been sentenced to two times of sexual crimes against the 10th juveniles; and (c) again committing the instant crime, despite the fact that the Defendant had been sentenced to two times of punishment on the part

On the other hand, the degree of tangible power exercised by the defendant is relatively relatively less and less.

It is possible to do so, and the defendant himself/herself is the victim of the attempted crime.

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