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(영문) 서울고등법원 2014.01.07 2013노3217
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the case of the accused case and the case of the attachment order, and there is no benefit of appeal as to the case of the attachment order, since only the accused appealed.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see, e.g., Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, 201Do20, Aug. 25, 201); and an attachment order case against the Defendant is excluded from the scope of the trial of this Court.

2. The abstract of the grounds for appeal shall not be the fact that a defendant commits similarity to a victim or commits an indecent act by force against a victim;

3. The judgment of the court below also asserted the same purport as the grounds for appeal of this case, and the court below rejected the defendant's assertion in light of the circumstances as stated in its holding under the title "judgment on the defendant's and his defense counsel's assertion". The court below rejected the defendant's assertion in determining that the defendant's act of similarity to the victim and forced the victim to commit an indecent act. The judgment of the court below is just in comparison with the records, and it is not erroneous in the misapprehension of facts

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

4. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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