(영문) 서울고등법원 2016.01.29 2015노2289 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2016.01.29 2015노2289

아동ㆍ청소년의성보호에관한법률위반(위계등추행)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

The information on the accused is disclosed for a period of ten years.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal principles 1) As to each of the crimes against victim F, each of the violation of the Child Uniforms Act and the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase of sex), Defendant and the respondent for an attachment order (hereinafter “Defendant”) have expressed the victim F a speech to suggest an assistance agenda at around October 23, 2014, as stated in the facts charged. However, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) cannot be deemed as sexual abuse prohibited by the Child Uniforms Act, and the Defendant’s speech cannot be deemed as an act of soliciting the victim to sell his/her sex.

With respect to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive means), a defendant cannot be deemed an indecent act against the defendant's act without assaulting or threatening the victim F.

2) On July 17, 2005, the victim I voluntarily provided KRW 10,00 to the defendant with a view to enabling the defendant to file a petition. Thus, there is no fact that the defendant forcibly taken the victim's property against the victim I's will, and there is no fact that the defendant abused or threatened the victim in order to forcibly take property.

In addition, the defendant had the intention to commit robbery.

shall not be deemed to exist.

B. The sentence sentenced by the court below to the defendant (10 years of imprisonment, 10 years of disclosure notification order) is too unreasonable.

2. Determination

A. As to each of the crimes committed against the victim F, the Defendant also asserted to the same effect as the grounds for appeal in this part of the lower judgment, and the lower court, in full view of the circumstances stated in paragraph (1) of the “decision on the Defendant and his defense counsel’s assertion” in the part on the “decision on the Defendant and his defense counsel,” it can be sufficiently recognized that the Defendant committed the same crime as stated in this part of the facts charged.

The court below rejected the defendant's assertion in comparison with the record.

유사 판례

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