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(영문) 부산고등법원 (창원) 2015.03.18 2014노384
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment below

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

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (one year of imprisonment, etc.) rendered by the Defendant and the person subject to a request for an attachment order (hereinafter “Defendant”) is too unreasonable and unfair. 2) The lower court’s judgment that cited the Defendant’s request for an attachment order on the ground that there is no risk of recidivism in the case of the Defendant’s improper attachment order.

Furthermore, even if there is a risk of re-offending, the attachment order issued by the court below is too unfair.

B. Prosecutor 1) With regard to the mistake of facts or misapprehension of legal principles on each of the charges on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by compulsion in relation to relatives), according to the statements, etc. of the victims, the court below found the defendant guilty of each of the above charges, and found the defendant guilty of all of the charges. Accordingly, the court below erred by misapprehending the legal principles on the completion of the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act in relation to relatives), which affected the conclusion of the judgment by giving the victims of drinking water containing drugs with an intention to commit an indecent act. In particular, as between July 25, 2012 and August 19, 2012, there was a specific statement that "the crime against the victim D was committed with a different panty." Thus, it is sufficient to find the defendant guilty of each of the above charges. Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles on the completion of the crime of sexual crimes (indecent act by force).

2. Determination

A. Part 1 of the defendant's case, which the court below acquitted the defendant at the court below on the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion of relatives), the name of the preliminary crime shall be considered as "Assault", each applicable provision of law shall be considered as "Article 260 (1) of the Criminal Act", and the facts charged shall be as follows.

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