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(영문) 서울고등법원 2020.03.05 2019노2621
특정범죄가중처벌등에관한법률위반(13세미만약취ㆍ유인)등
Text

Defendant

In addition, appeal by the person who requested probation order is dismissed.

Reasons

The court below sentenced the accused accused case to be convicted, to be subject to probation order, to be subject to probation order, and to dismiss the prosecutor's request regarding the request for attachment order.

Afterward, only the defendant and the person requesting the probation order (hereinafter referred to as the "defendant") appealed against the accused case.

Article 21-8 and Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter referred to as the "Electronic Monitoring Act") are deemed to have filed an appeal against a request for probation order in accordance with Article 21-8 and Article 9 (8).

However, as there is no benefit in appeal against the defendant, the defendant's case and probation order claim are excluded from the scope of the judgment of this court.

Summary of Grounds for Appeal

misunderstanding of facts (as to the victim B and C), the defendant only helps the victim B and C to know her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

The punishment sentenced by the court below of unfair sentencing (one year of imprisonment, etc.) is too unreasonable.

Judgment

The Defendant alleged that there was a mistake of facts in the lower court as to this part of the allegation of mistake, but the lower court found the Defendant guilty of this part of the facts charged on the ground that, based on the reasons stated in Articles 10 through 13 of the lower judgment, the Defendant could only have her am before and after the victim B, her am before and after the victim C, and her chest could be recognized when comprehensively considering the various circumstances supporting the credibility and support thereof.

Examining the evidence duly admitted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error of misconception of facts alleged by the defendant.

As to the assertion of unfair sentencing.

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