logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2016.08.18 2016노61
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The misunderstanding of the legal principles or mistake of facts did not have sexual intercourse with the victim by force only when the defendant had sexual intercourse under the implied agreement with the victim.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination:

A. 1) The lower court determined as to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, i.e., in the investigative agency and the lower court’s court, that “the victim did not refuse to leave the victim at the small location at the time, but the Defendant went back to the place where the victim might take the victim’s hand (see, e.g., No. 34 of the investigation record) and “the victim did not refuse to have a sexual intercourse with the Defendant at the time

“At the time, the Defendant was out of the victim’s panty and the victim’s refusal to do so” (see, e.g., No. 26, 250 of the investigation records, and No. 6 of the witness examination record) and “At the time, the Defendant exceeded the victim’s b

In other words, panty and panty were entered, and this process had been repeated three to four times (see, e.g., 26,34,35 of the investigation record), and to the effect that “the injured party was pushed down with the Defendant’s topline, etc., on his hand, but the Defendant was not tightly pushed,” (see, e.g., Articles 26, 35, 246 of the investigation record, 6th page of the witness examination record, and 6th page of the record of the witness examination) that “the Defendant was unable to move the victim into two arms at the time” (see, e.g., 42, 247 of the investigation record), and “the Defendant was unable to help the victim because of the Defendant’s birth, etc., and they did not help the victim, and they did not turn out the victim’s body at the time, and they did not reach the age of the victim (see, e.g., the victim’s body at the time of the examination).

arrow