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(영문) 부산고등법원 2020.01.08 2019노502
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles - Of the facts charged in the instant case, the Defendant committed an indecent act against the victim and did not have sexual intercourse with the victim, and thus, the Defendant may be punished as the crime of quasi-rape or the crime of quasi-rape, even if he/she could be punished as the crime of quasi-rape.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. As to the assertion of mistake of facts and misapprehension of legal principles

A. On November 17, 2018, the Defendant first met the Victim E (Class 2), who was suffering from D while having a drinking place, such as D, which is a land-person, who was known to the usual level at the main point located in Ulsan-gu C, Ulsan-gu, Seoul, and D around November 17, 2018.

The Defendant became aware that the Defendant was a high school student in the course of drinking alcohol including the victim and drinking alcohol at the same drinking point and drinking alcohol to a F in the vicinity, and drinking alcohol to one another.

On November 18, 2018, at around 03:10, the Defendant laid the victim who was spawd with one another, and laid back to the guest room in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, and returned to the male-child room, and left the victim and the victim only in two cases, and left the said guest room, the Defendant spawd and panty still locked off the victim’s spawd and panty, and inserted the sex into the sound part of the other victim’s body, and continued to have the victim’s spawd and chest even after the victim broken out the lock.

As a result, the Defendant, who was juvenile, had sexual intercourse by taking advantage of the state of her ability to resist.

B. In the lower court’s determination, the Defendant led to confession as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case.

In addition, the lower court found the Defendant guilty of this part of the charges by taking the aforementioned confessions and the statements from the victim and the police as evidence.

(c) 1. First of all, the decision of the political party.

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