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(영문) 서울고등법원 2013.08.13 2013노1712
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The judgment below

The part against Defendant A (including the part not guilty) shall be reversed among the reasons therefor.

Defendant

A shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) The Defendant did not commit an indecent act or indecent act by force against the victim E, but did not commit an attempted act.

(2) In light of the legal principles, there are special circumstances in which the defendant should not disclose or notify personal information.

(3) Taking into account the circumstances on the accused of unreasonable sentencing, the sentence imposed by the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

B. Even though the prosecutor (1) committed an attempted indecent act by force against the victim at G church located in Dobong-gu Seoul Metropolitan Government F on April 2012, the lower court recognized that Defendant A, by mistake of the facts, committed an attempted indecent act by force against the victim solely and committed an attempted indecent act by force.

(2) Despite the fact-finding that Defendant B’s misunderstanding of facts constitutes an indecent act by force, the lower court acquitted Defendant B of this part of the facts charged, by misunderstanding the fact.

(3) Considering the circumstances of unfair sentencing against Defendant A, the sentence imposed by the lower court (one year and six months of imprisonment, and three years of suspended execution) is too uneasible and unfair.

2. Determination

A. (1) According to the records of this case, according to the judgment of the prosecutor on the misapprehension of the facts against (a) the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special indecent act by compulsion), each of the evidence that the court below, in combination with the defendant Eul, attempted to commit an indecent act by compulsion of the victim E in light of all the circumstances, is difficult to believe that each of the evidence that the defendant Eul attempted to commit an attempted indecent act by compulsion of the victim E, and that the defendant B was at the scene of the defendant B in light of

It is difficult to see that there is a joint relationship, and it is just to determine otherwise that there is no evidence to acknowledge this part of the facts charged, and it is reasonable to mislead the facts.

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