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(영문) 대구고등법원 2017.05.01 2016노606
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

In addition, both the respondent for attachment order and the prosecutor's appeal are dismissed.

Reasons

Defendant A (related to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive schemes)] of Defendant A and the person who requested an attachment order (hereinafter referred to as “Defendant”) on the gist of the grounds of appeal on the part of the case by the Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”) were erroneous, Defendant A was sexual intercourse with the victim on February 9, 2016, and did not have sexual intercourse with the victim by force with the victim’s sexual intercourse.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

In light of the various sentencing conditions in this case, the punishment sentenced by the court below (the imprisonment of four years and the completion of 120 hours in sexual assault treatment programs) is too unreasonable.

Defendant

B misunderstanding of facts or misunderstanding of legal principles, Defendant B did not rape the victim.

Even if the victim had sexual intercourse with the victim,

Even if it is not by violence or intimidation to suppress the victim's resistance, it is not by violence or intimidation.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged based on the statements made by the victim who is not reliable. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of

In light of the various sentencing conditions in this case, the punishment sentenced by the court below (the imprisonment of three years and the imprisonment of 120 hours for sexual assault treatment programs) is too unreasonable.

The prosecutor's mistake or misunderstanding of the legal principles [related to the acquittal of Defendant A in the grounds of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse] Defendant A committed rape by exercising the force of force to the extent that it considerably difficult for the victim to resist by threatening as he/she is being drinking.

In addition, the defendant A added the fingers to the part of the victim's musical records and added the fingers to them.

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