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(영문) 서울고등법원 2017.05.23 2017노233
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the Defendant was found guilty, and regarding the part of the case for which the attachment order was requested, only the Defendant appealed and appealed.

Therefore, the part of the case for which the attachment order is requested is excluded from the scope of the trial of this court, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Devices, because there is no benefit of appeal.

2. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact-finding (the fact that there was a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme)) was committed with the victim, according to the victim’s will, the Defendant agreed to “I sing practice hall”, and the Defendant consented to the victim’s response to the defect in Sing practice room at the above sing practice hall, and agreed to the sexual relationship with the Defendant, such as demanding the victim’s response when the Defendant attempted to engage in sexual intercourse.

The Defendant had sexual intercourse with the victim by using so-called “so-called knee knee keld attitude,” which is the head of the right kne, and the head of the right knife. The above attitude is necessary for the victim to put knife knife and punish the bridge. If the Defendant had sexual intercourse by force, she should exercise the knife on the side of the victim’s knife and bridge, not the victim’s knife. However, even according to the victim’s statement, the Defendant did not have exercised the knife on the part of the victim

Nevertheless, the judgment of the court below which found the defendant guilty of the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme) is erroneous and has affected the conclusion of the judgment.

B. The sentence that the court below sentenced against the defendant (the imprisonment of five years, the order to complete a sexual assault treatment program for 80 hours, and the order to disclose personal information for 5 years) is too unreasonable.

3. Determination A.

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