(영문) 대전고등법원 2013.08.14 2013노263 | 리걸엔진

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(영문) 대전고등법원 2013.08.14 2013노263

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the defendant attempted to have sexual intercourse with the victim or committed an indecent act, the court below found the defendant guilty of all the charges of this case. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion of mistake of facts not only has made a very specific and consistent statement regarding the situation at the time of damage from the investigative agency to this court, and the Defendant’s speech or behavior at the time, but also has abandoned the fact of damage.

In light of the fact that there is no circumstance to see that the statement is reliable or credibility, the defendant can sufficiently recognize the fact that the defendant tried to have sexual intercourse, and further, the defendant was guilty on the ground that the defendant's act of sexual intercourse was committed against the victim's will, such as prompting the chest of the victim's body and intending to get off the victim's inner part, and further intending to get off the victim's inner part, etc., and it seems that the more active act was committed against the victim's will, and that the defendant did not go off the victim's inner part, and that the defendant's act was committed around the construction site where there is little human resources around 19:00, while driving a car and moving it to the nearby construction site where there is no human resources at around 19:00, and then doing the above act, it is sufficiently recognized that the defendant attempted to have sexual intercourse. Furthermore, considering the circumstances recognized by the above circumstances at the time of the crime of this case, the crime of this case was committed by the victim at the time of the crime, the crime of this case.

The judgment of the court below is compared with the records.

유사 판례

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