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(영문) 서울고등법원 2018.07.03 2018노1025
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal principles (limited to the crimes in Article 3 of the judgment of the court below) on the grounds of appeal, the Defendant asserted that the victim K did not have committed any act identical to the above facts of the crime on the day of the instant case with regard to the crimes set forth in the attached Table 1 of the crimes set forth in the attached Table 1 of the judgment of the court below, misunderstanding of the facts and misapprehension of the legal principles (limited to the crimes set forth in the judgment of the court below) on the second trial date. However, the Defendant explicitly withdrawn

Defendant

In addition, for the purpose of committing an indecent act on the day of the instant case, the person against whom the attachment order was requested (hereinafter referred to as the “defendant”) does not bring the victim K (a person named) into the telecom, and the Defendant stated that the said victim did not refuse to go to the home while making himself/herself a change in his/her intention to commit an indecent act.

I am only to do so.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

2) The petition of appeal submitted by the Defendant (limited to each of the crimes listed in [Attachment 1] No. 1 in [Attachment 4 through 8 in [Attachment 1] in the judgment below, and the crimes listed in [Attachment 2 and 3] was not indicated as the object of objection against each of the crimes listed in [Attachment 1] to 1 through 3 years and six months in the judgment below, which was committed before June 2, 2017, on which the judgment of first head stated in the judgment below became final and conclusive, and was not indicated as the object of objection against each of the crimes listed in [Attachment 1] to 1 to 3 years and six months in the judgment below, and thereafter, did not claim any grounds for appeal against the judgment of conviction and sentence of sentence, and the prosecutor did not appeal against

However, as long as the defendant appealed on the ground that the order of disclosure of personal information imposed by the court below as one order is unreasonable, the part of the judgment of the court below concerning each of the crimes No. 1 through No. 3 in the annexed Table No. 1 of the judgment of the court below is also deliberated.

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