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(영문) 서울고등법원 2018.12.06 2018노1681
아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The seized one knife (No. 1) shall be confiscated.

Reasons

The summary of the grounds for appeal (the part of the case by the defendant) and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Death or Injury caused by rape, etc.), and the defendant and the claimant for medical care and custody (hereinafter referred to as the "defendant") in mind that they would play for the victim C (the victim 13 years of age). However, the victim C's arms were put in her arms. However, the victim C did not her to her arms or her fingers with her fingers, and did not seem to have her to have a part.

Victim C's superior wife is extremely minor and cannot be deemed as an injury.

In order to verify the face of the victim E (the age of 22), the defendant injured by similar rape was able to wear a shoulder and write the victim E as a result.

However, the Defendant did not attract the victim E with the vehicle parked with the victim E, threaten the victim E, threaten the death, threaten the “salvout,” or put the fingers in a sound book.

Victim E's superior wife is extremely minor and cannot be deemed as an injury.

There is no special assault accused of the victim F (57 3) with a spoke.

Even if the defendant had caught F with the victim F,

The act does not constitute a “Assault” in a special assault.

At the time of committing the instant crime, the Defendant, who claimed mental and physical loss, was a patient of early illness, and was in a state of mental and physical loss due to the occurrence of the damage network, related circumstances, and the decline in the impulse ability.

The punishment of the court below (4 years of imprisonment, etc.) is too unreasonable.

As to the allegation of misunderstanding of the facts or misapprehension of the legal principles as to the grounds for appeal, the court below held that the defendant and the defense counsel at the court below have the same assertion as the grounds for appeal in this part of the court below concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the injury caused by rape, etc.), and held that "the judgment on the assertion of the defendant and the defense counsel" in the judgment below (hereinafter

2) The allegation of the Defendant and the defense counsel and the judgment thereof are stated in detail.

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