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(영문) 서울고등법원 2016.07.08 2016노938
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

The part of the defendant's case against the defendant is reversed.

A defendant shall be punished by imprisonment with prison labor for not less than five years and six months.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. 1) The court below found the defendant guilty of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.), violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act, etc.), violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act), violation of the Punishment of Violences, etc. Act (Assault such as group, deadly weapons, etc.) and violation of the Act on the Protection and Support of Missing Children, etc., and ordered the defendant to complete the sexual assault treatment program for seven years and eight hours, and dismissed the prosecutor's request for attachment order against the defendant.

2) As to the judgment below, the Defendant appealed on the ground that there was a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means), a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and an unfair determination of sentencing.

3) Prior to remand, the part of the instant facts charged, which judged as a single comprehensive crime against the violation of the Act on the Protection of Children and Juveniles against O and N against Sexual Abuse (voluntary coercion, etc.) shall be deemed to be in the relation of concurrent crimes among children and juveniles. The instant facts charged against the Defendant shall be deemed to be in the relation of concurrent crimes among each child and juvenile. The instant facts charged are in the relation of concurrent crimes between the crime of inducing sexual traffic, which became final and conclusive on September 19, 2015 and the crime of violating the Act on the Protection of Juveniles against Sexual Abuse (voluntary Compellion) among the facts charged in the instant case, since the Defendant was excluded from or removed from public conspiracy around October 13, 2014 and around October 14, 2014, the part of the subsequent crimes should be acquitted. The judgment of the court below that sentenced the Defendant to a single punishment ex officio on the grounds that the Defendant was not guilty, and all of the allegations that the Defendant’s mistake was dismissed, and the judgment ordering the Defendant to complete the sexual assault program for six years and eight hours.

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