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(영문) 광주고등법원 (제주) 2020.01.29 2019노110
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Considering the gist of the grounds for appeal that the Defendant is the primary offender, the punishment imposed by the lower court against the Defendant (two years and six months of imprisonment, 80 hours of order to complete a program, 5 years of employment restriction order) is too unreasonable.

2. Determination

A. As the grounds for appeal in the appellate brief, the Defendant’s defense counsel for ex officio determination of facts alleged to the effect that, although the Defendant did not commit each of the instant facts charged, the lower court erred by misapprehending the facts only based on the statements of the victim and F (alias) without credibility and thereby finding the Defendant guilty of all of the instant facts charged, thereby adversely affecting the conclusion of the judgment. However, even after examining ex officio the facts charged, the lower court’s judgment that found the Defendant guilty of all of the instant facts charged did not appear to have erred by misapprehending the legal principles as above.

B. Each of the crimes in this case regarding the Defendant’s argument on the grounds of appeal are the following: (a) each of the crimes in this case regarding the Defendant’s argument on the grounds of appeal: (b) each of the instant crime was committed by: (c) the Defendant 14 years old at the time, knife the victim, who was in the village of 14 years old, in his/her knife with his/her son, and commits an indecent act by deceiving the victim’s knife with his/her knife with knife; and (d) the victim’s knife and knife committed an indecent act by his/her knife with knife,

However, on the other hand, the defendant appears to have the attitude of reflecting all of the crimes in this case in the trial (the defendant denies all the facts of the crime in the trial at the first instance, but all the facts of the crime are determined through his counsel after the closing of argument as seen above). The defendant first agreed with the victim and the defendant want to punish the defendant.

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