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(영문) 서울고등법원 (춘천) 2019.05.15 2018노187
미성년자의제강간등
Text

The judgment below

Each part of the defendant's case against the Defendants is reversed.

Defendant

A shall be punished by imprisonment for a period of two years and six months.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding each part of the Defendant’s case in which each of the Defendants was found guilty, and the Defendants appealed only against this, and thus, there is no benefit of appeal regarding each of the Defendants’ request for the attachment order against each of the Defendants.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order against the Defendants in the judgment below is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to the part concerning

2. Summary of grounds for appeal;

A. Defendant A 1-misunderstanding of facts and misapprehension of legal principles

(a).

Although the victim did not have sexual intercourse as stated in the claim, the lower court recognized that the Defendant had sexual intercourse with the victim by misapprehending the legal doctrine on the credibility of the victim’s statement.

2) In the case of Article 1-2 (b) of the facts constituting the crime in the judgment of the court below, since the defendant was only her chest and her chest to take a bath for the victim, the defendant's act does not constitute an indecent act. However, the court below found the defendant guilty of this part of the crime by misunderstanding the legal principles as to the elements for establishing the crime of a minor's act of indecent act by compulsion. 3) The court below's punishment of unfair sentencing (a three years of imprisonment, order to complete education,

B. Defendant B (1) misunderstanding of facts in the judgment of the court below) although there was an indecent act against the victim at each time and place specified in paragraph (2) of the criminal facts stated in the judgment of the court below, the court below acknowledged that the Defendant had sexual intercourse with the victim. (2) The court below’s sentence of unfair sentencing (five years of imprisonment, 80 hours of order to complete a program, 5 years of employment restriction

3. Determination

A. Defendant A1’s decision.

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