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(영문) 대전고등법원 2013.05.08 2013노80
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

The judgment of the court below is reversed.

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time when the body of the victim with misunderstanding of facts C was met and sexual intercourse was held, the victim's consent was not given, and the victim did not have a state of her failure to resist.

B. The lower court’s sentencing (two years and six months of imprisonment, 200 hours of order to complete sexual assault treatment programs, and 5 years of order to disclose and notify the Defendant) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below also made the same assertion in the court below, and the court below held as follows.

1) In light of the following circumstances, the victim’s statement is highly reliable and there is no probability that the victim made a false statement against the defendant in light of the relationship between the victim and the defendant. ① The victim consistently stated from the investigation stage to the investigation stage that the defendant had no memory at the time of sexual intercourse with the defendant, and that there was no fact that the defendant had expressed his/her consent to sexual intercourse with the defendant. As to the criminal facts stated in the judgment of the court below, paragraph 2 of the crime in the judgment of the court below, the defendant committed an indecent act on two occasions during the investigation conducted several occasions at an investigative agency, and expressed that he/she had expressed his/her intention to refuse it. ② Although the criminal facts in paragraph 2 of the judgment of the court of the court of the court below were not memory in the court of the court below, it was made one year and six months after the date of the crime in this case, which was under the influence of alcohol, and thus, it would result in a natural phenomenon. ③ The victim first does not want this case’s punishment.

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