(영문) 서울고등법원 2019.05.02 2019노361 | 리걸엔진

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(영문) 서울고등법원 2019.05.02 2019노361

아동ㆍ청소년의성보호에관한법률위반(강간등상해)등

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Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) were not aware that the victim was under 19 years of age at the time of the instant case, and thus there was no intention to commit rape against the Defendant.

B) The injury suffered by the victim of this case is merely a relatively minor figure that may occur while living a daily life, and thus cannot be deemed as an injury as referred to in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.). Nevertheless, the court below found the defendant guilty on the charge by deeming that the defendant intentionally committed rape against the victim, who is a child or juvenile, and thereby, convicted him/her of the facts charged. This judgment of the court below is erroneous in

2) The lower court’s sentencing is so unreasonable that the lower court’s order to disclose and notify the Defendant’s information for three years, despite special circumstances under which disclosure or notification order may not be disclosed.

4) It is unreasonable for the lower court to order the Defendant to be placed on employment for three years in child and juvenile-related institutions, etc., which was unfair in sentencing. B. 1) The lower court’s sentencing is too unjustifiable.

2. It is unreasonable that the court below dismissed the request for the attachment order of this case, although the criminal defendant who was improper to dismiss the request for attachment order of this case had the risk

2. Determination

A. The Defendant, who recognized one victim of the judgment on the Defendant’s assertion of mistake of facts, etc., had also asserted the same purport as the assertion of mistake of facts, etc. in the lower court, and the lower court rejected the above assertion in detail, with its detailed statement of determination.

The following facts and circumstances acknowledged by the court below after compiling the evidence duly adopted and examined by the court below.

참조조문

-청소년의 성보호에 관한 법률

유사 판례

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