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(영문) 서울고등법원 (춘천) 2018.07.04 2017노179
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and there is no benefit of appeal as to the part for which the request for attachment order was filed.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., this part is excluded from the scope of the adjudication of this Court.

2. Summary of reasons for appeal;

A. The Defendant is guilty of facts as indicated in the lower judgment, and as such, paragraphs 1-A, 2-B, and 4-2 of the facts constituting the crime as indicated in the lower judgment.

1) There is no fact of inserting the Defendant’s fingers or sexual organ into the victim’s sexual organ at the time and place mentioned in the paragraph.

B. At the time of committing the crime, the Defendant was physically and mentally deprived or physically weak at the time of committing the crime.

(c)

The punishment (20 years of imprisonment) of the lower court is too unreasonable for sentencing.

3. Determination

A. As to the assertion of mistake of facts, the Defendant acknowledged all of the crimes at the lower court, but at the time of the first instance, paragraphs 1-A and 2 of the facts constituting the crime as indicated in the lower judgment, paragraphs 1-2, 2-2 and 4 of the same Article.

1) At the time and place mentioned in paragraph (1), the victim’s fingers or sexual organ inserted into the victim’s sexual organ at the time and place.

However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the defendant inserted his fingers and the sexual intercourses in the victim's sexual intercourses as stated in paragraphs 1-A-2 and 1-2 of the crime in the judgment below, and the crime No. 1-B and 1-2 of the judgment below.

- 1) It is sufficiently recognized that the victim’s sexual organ is inserted in the victim’s sexual organ, as described in the paragraph.

Therefore, the defendant's assertion of facts is without merit.

1) AD or AE who was hospitalized in the same ward around June 6, 2017 for the first time before the victim was born to AD or AE.

In addition, this article deals with the sexual violence of the members of the community.

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