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(영문) 부산고등법원 2014.11.12 2014노353
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there was an indecent act by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed by the Defendant and the person against whom the attachment order was issued (hereinafter “Defendant”), the lower court found the Defendant guilty of rape and the part of the resistance, even though there was no fact that the Defendant committed an indecent act in excess of the victim’s body or inserted the victim’s sexual organ into the resistance, there was an error of misunderstanding of facts.

(2) The sentence sentenced by the lower court of unreasonable sentencing (ten years of imprisonment) is too unreasonable.

B. It is unreasonable for the lower court to impose an order to disclose or notify personal information on the Defendant, in the absence of special circumstances that may not disclose or notify the Defendant’s personal information, as the Defendant’s sentence is too unfilled.

(2) The lower court’s dismissal of the Defendant’s request for an attachment order, despite the risk of recommitting a sexual crime, is unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. From around 2004, the summary of the facts charged, the Defendant maintained a de facto marital relationship with the mother of the victim D (the current 13 years of age) E. From around 2006, he was living together with the victim and the above E.

Therefore, the defendant and the victim are in fact relatives.

(1) The Defendant’s act of similarity is above that of the date in the name of the Defendant.

At the same place as the same as the above E puts the crepit in the inner clothes of the other victim (age 11 at that time), kids the chest of the victim, kids the chest of the victim, booms the chest of the victim, kids the victim quickly, booms the victim's chest and sexual organs, booms the victim's fingers into the victim's sexual flag, booms the victim's fingers into the victim's inner flag, and booms the victim's sexual organ into the victim's resistance.

Accordingly, the defendant committed an indecent act by force against the victim of de facto kinship, and put the sexual organ into the resistance of a female under 13 years of age.

(2) The Defendant was raped on 208.

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