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(영문) 서울고등법원 2017.07.13 2017노789
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Sexual assault against the defendant for 120 hours.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

Of the facts charged in the instant case, the Prosecutor “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives)” was “Violation of the Act on the Protection of Juveniles from Sexual Abuse”, and “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives, etc.)” was “Violation of the Act on the Protection of Juveniles from Sexual Abuse” in the applicable law, “Article 5(3) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act” was “Article 7(5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Children, Article 298 of the Criminal Act”, “An application for permission to change the contents of the instant facts charged by the court below to no longer be deemed to be subject to the amendment of Article 7(5) and Article 297 of the Criminal Act.”

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Punishment of the crime

On November 29, 2005, the Defendant was married to C from Vietnam on November 29, 2005, and was in the care of the victim D (the family name, the 13-year old family name, the 13-year old family name).

Not only the victim entered Vietnam but also the usual defendant did not refuse the demand of the defendant by making the defendant unsatising due to its influence, but also the son or the defendant's son or her son or her son and her son in the same house.

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