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(영문) 대구고등법원 2014.05.29 2013노641
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

All appeals by the defendant and the prosecutor concerning the part of the defendant's case are dismissed.

The judgment below

(2).

Reasons

Summary of Grounds for Appeal

Defendant

겸 피부착명령청구자(이하‘피고인’이라 한다) 사실오인 피고인이 원심판시 제1항 범죄사실과 같이 피해자를 강제추행하였다는 피해자의 방은 매우 협소하여 피해자를 추행하였다면 당시 옆에 누워있는 E이 깰 수밖에 없으므로, 피해자를 추행하는 행위는 사실상 불가능할 뿐만 아니라, 피고인은 일반적으로 아침에 출근하여 늦은 밤에 귀가하므로 피해자를 추행할 시간도 없었다.

Furthermore, the Defendant had worked in Saturdays, and there was no case where there was only two victims with ordinary family members, so the Defendant could not have sexual intercourse with the victim, such as the facts constituting the crime of paragraph (2) at the time of original adjudication.

Meanwhile, the defendant 3-A at the time of the original adjudication.

Although there is a fact that the documents such as facts constituting the crime of this paragraph are applied to the victim, it is 3-B at the time of the original trial.

No person has committed the same crime as the crime under paragraph (1).

Rather, the victim often speaks that he has sexual experience and experience, and that he was able to do so. As the Defendant gave a warning to the victim, the Defendant had a malicious testimony and made a false statement with the same content as that of the crime at the time of original adjudication, the lower court that found the Defendant guilty of all the above parts on the grounds of the victim’s statement even though he did not have credibility of the statement.

The sentence of imprisonment (seven years of imprisonment) imposed by the court below on the defendant is too unreasonable.

It is improper that the court below ordered the defendant to attach an electronic tracking device for ten years.

The sentence imposed by the prosecutor of the court below on the defendant is too uneasible and unfair.

It is unreasonable that the court below ordered the defendant to be exempted from disclosure and notification of personal information.

The court below's order to attach an electronic tracking device to the defendant for 10 years is too excessive.

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