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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.01.09 2013노2801
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (1) misunderstanding of facts and scenarios 1) Defendant and the respondent for an attachment order (hereinafter “Defendant”).

(2) At the time of the crime of this case, the victim was not aware of the fact that the victim was a child or juvenile at the time of the crime of quasi-indecent act under paragraph (1) of the crime, and the victim was not in the state of mental disorder or inability to resist at the time of the crime of quasi-indecent act under paragraph (1) of the crime, and ③ at the time of the crime of rape under paragraph (2) of the crime, the defendant did not have any assault or threat to the victim and committed sexual intercourse with the victim’s explicit or implied consent. However, the court below found the Defendant guilty of all the charges of this case in violation of the law

B. Prosecutor 1) The sentence of the lower court on the part of the Defendant’s case (e.g., e., g., e., e., g., e., e., g., e., g., e.,

2. Determination:

A. The part of the defendant's case - The defendant's assertion of misunderstanding of facts that there was no awareness of the fact that the child or juvenile was a child or juvenile, and the prosecutor bears the burden of proof of the criminal facts indicted in a criminal trial, and the conviction of the defendant should be based on evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's conviction, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010). In light of the victim's face or horse, etc. expressed in the victim's statement video taken at the original saw Support Center, the victim's face or horse, etc., expressed in the victim's statement video taken at the time of the crime in this case.

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