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(영문) 서울고등법원 2016.02.16 2015노3192
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The prosecutor's appeal is dismissed.

Reasons

The lower court acquitted the Defendant and the victim of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.) on or before June 23, 2014, on or before the beginning of the secured CCTV images, on or before June 23, 2014, on the grounds that the Defendant and the victim did not have entered the warehouse, but acquitted the Defendant of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.). However, prior to around 05:28, prior to the removal of images, the images were merely failed to be secured, and the adultery was deemed to have occurred prior to around 05:28, and thus, the lower court acquitted the Defendant of this part of the facts charged.

The punishment sentenced by the court below to the defendant (four years of imprisonment) is too unfortunate and unfair.

On June 23, 2014, the summary of the charge of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means) among the facts charged in the instant case, the Defendant, at the warehouse located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around June 23, 2014, brought the victim E (e.g., 13 years of age) hospitalized in an uneasible state to have sexual intercourse with the victim E (e.g., 13 years of age) who was hospitalized in an uneasible state by suffering from sexual assault, had the victim take the damaged part in the warehouse of the goods, kis, kis, and kis, kis from the victim’s kis and pans, kis from the victim’s will and panty, exceeded the victim’s kis and panty, and added the victim’s sexual organ to the victim’s sexual intercourse.

Accordingly, the defendant has sexual intercourse with a child or juvenile by force.

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court’s judgment, it was proven without reasonable doubt that the Defendant, on June 23, 2014, had sexual intercourse with the victim in a new wall warehouse.

It is difficult to see it.

According to the facts charged in this case, the victim is a new wall on June 23, 2014.

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