logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2014.05.07 2014노32
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one-year imprisonment, etc.) imposed by the lower court on the part that the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) were found guilty is too unreasonable.

B. According to the facts acknowledged by mistake of facts and misapprehension of legal principles, and the legal principles of sexual intercourse with children and juveniles by force, among the facts charged in the instant case, the lower court rendered a not guilty verdict on each of the above parts of the charges, even though each of the police officers on August 23, 2012 and the first police officer on April 2013 convicted him of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.). In so doing, the lower court erred by misapprehending the legal principles, which affected the conclusion of the judgment, and by misapprehending the legal principles. 2. The above sentence which the lower court rendered on the part of the charges that the lower court found guilty on the grounds

3. Although the defendant who was dismissed from an attachment order could recommit a sexual crime, it is improper for the court below to dismiss the request for an attachment order of an electronic tracking device.

2. Determination

A. The summary of the facts charged in the judgment of the court below 1) (A) The defendant, as stated in the facts charged in the judgment of the court below, had sexual intercourse with the victim, and the victim demanded that he be sent to the victim for an annual relationship by stating, “I will see our will. I will be able to love. I will be able to do so. I will be able to do so. I will be able to do so.” On August 23, 2012, 2012, the victim was released from the victim to the telephone, and the victim was flick to have a last talk, and the victim was flick with the statement of the facts charged in the Defendant’s residence.

When the victim arrived at the above room, from 04:00 on the same day to 04:00 on the same day, the victim (the age of 14 years at that time) "I would like to do so. I did not do so. However, I would like to do so. I would like to see the victim, and I would like to keep the victim back."

arrow