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(영문) 서울고등법원 2016.04.08 2015노3552
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. The lower court found the Defendant guilty of violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, etc. (Defamation) due to the statement of false facts in the part of paragraphs (2) and (5) of the attached list of crimes attached to the indictment of this case among the facts charged of this case, and violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, etc. (Defamation) due to the statement of false facts in the part of paragraphs (1) and (5) of the attached list of crimes in this case, and violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, etc. (Defamation)

The Defendant appealed against the judgment of the court below on the ground that the sentencing was unfair, and the prosecutor appealed against the whole of the judgment below, while filing a petition of appeal and the reasoning of appeal, asserted that the court below erred by misapprehending the facts regarding the violation of the Act on the Protection of Juveniles from Sexual Abuse (compontion) against children who are not guilty of the disposition, and that the judgment of the court below is unfair by neglecting the sentencing, but did not state the grounds for appeal as to

Therefore, although the part of innocence in the above reasoning is also judged in the trial of the party, the issue of whether to acknowledge the crime has already been exempted from the object of attack and defense between the parties, and it has not been seen as matters to be deliberated and determined ex officio on this part.

Therefore, the conclusion of the judgment of the court below on the part not guilty of the above reasons shall be followed, and it shall not be judged separately.

2. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable as the Defendant (unfair sentencing)’s punishment is too unreasonable.

B. Prosecutor 1) According to the victim’s statement that corresponds to the facts charged, the defendant could have been found to have been raped twice by means of intimidation. However, the court below found the defendant not guilty of this part of the facts charged by misunderstanding the facts.

(ii)..

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