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(영문) 대전고등법원(청주) 2020.08.13 2019노263
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The acquittal portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

The defendant shall be 40 hours.

Reasons

1. The lower court rendered a judgment of conviction on the charge of indecent act by compulsion in the middle of the facts charged in the instant case, and rendered a judgment of acquittal on March 2012, on the charge of indecent act by compulsion and inducing minors.

Accordingly, the appeal was filed against the acquittal portion only by the prosecutor, and the scope of the judgment of the court below was limited to the acquittal portion as long as the judgment of the court below was separated and finalized by the Do of appeal period (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010).

2. Summary of grounds for appeal;

A. With regard to the mistake of facts on March 2012, 2012, when considering the following, the victim’s statement is consistently made by the victim with regard to the fact that the Defendant had the victim have sexual intercourse, and the victim’s statement was made at the point of six years after the crime of this case, and the Defendant’s statement was made at the point of six years after the crime of this case, and the fact that the Defendant had the victim’s chest at the convenience store in the court of the lower court was dead, it should be deemed that the victim’s statement is credibility and constitutes the

Therefore, the judgment of the court below which acquitted the defendant.

B. In relation to the inducement of minors, since the defendant takes the defendant's house by means of the suspicion that the victim is dead, the defendant can be recognized as having committed a crime of inducing the victim to move under his physical and real control. In fact, the defendant committed a crime of inducing the victim to commit indecent acts by compulsion by force, the defendant does not need to continue to exist at the same time as confinement in the establishment of the crime of inducing the minor, and the victim told that "the victim took part in his house" by deceiving the father of the defendant or making a false statement, it is a crime of inducing the minor, considering that the defendant visited the defendant's house on other days than the time of the instant case.

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