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(영문) 서울고등법원 2013.05.10 2013노245
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, and three years of suspended execution) that the court below sentenced to the defendant is too uneasible and unfair.

2. On the second public prosecutor's trial date of the trial of the party, the name of the crime of this case is stated.

Rape,

B. As for "Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.", the applicable provisions of Acts shall be construed as "Article 297 of the Criminal Act, Article 19 (2) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., Articles 37 and 38 of the Criminal Act, and Article 25 of the Punishment of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.", an application was filed for permission to change the indictment to the following facts charged, and a party member changed the object of adjudication by granting permission

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

1. The Defendant operated a business establishment similar to the trade name of Gyeyang-gu, Gyeyang-gu, Yangyang-gu, and the victim D (V, the age of 15) was an employee from June 22, 2012 to June 30, 2012.

At around 05:30 on June 30, 2012, the Defendant: (a) reported the victim’s business completion and her being married; (b) taken the victim’s arms on the bend, opened the victim’s body on the bend; (c) forced the victim’s body so that the victim may not resist; and (d) forced the victim to resist; (c) took off the victim’s clothes, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

2. The Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) may allow D, who is female employees, to know about two names per day from June 23, 2012 to June 30 of the same month.

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