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(영문) 서울고등법원 2014.09.26 2014노2078
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant 1”) written the statement of grounds for appeal regarding sexual intercourse with the victim as “Rape,” but the Defendant made a decision to the effect that they dispute the “competence of force” recognized by the lower court. Although there was no or indecent act, the lower court’s judgment convicting the Defendant against the Defendant is erroneous in misunderstanding of facts. 2) The sentence (10 years of imprisonment) sentenced by the lower court against the Defendant is too unreasonable.

3) Although there is a special reason that the disclosure and notification should not be disclosed or notified, the judgment of the court below ordering the disclosure or notification of information is unfair. (B) The judgment of the court below ordering the disclosure or notification of information is erroneous. (1) In the judgment of the court below, the defendant, who is the father of the case, committed sexual crime against the victim who is a her father, who is a her father, is under the influence of the victim's resistance or it is impossible to resist the victim's resistance by itself. (1) In the judgment of the court below, the non-guilty part of the judgment of the judgment of the court below is erroneous or misunderstanding of legal principles (in the case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under thirteen years of age

Therefore, the statement of grounds of appeal "the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in the Age of 13), the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in the Relationship of Relatives), the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in the Relationship of Relatives), and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act in the Relationship of Relatives in the Relationship of Relatives)," has different meaning of assault and intimidation in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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