logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2013.12.12 2013노340
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

In this case.

Reasons

1. Summary of grounds for appeal;

A. In spite of the fact that the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") did not have sexual intercourse by taking advantage of the victim's failure to resist at each time stated in the facts charged in the instant case, the court below convicted all of the facts charged in the instant case. The court below erred by misunderstanding

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the punishment imposed by the lower court (six years of imprisonment, 160 hours of sexual assault treatment progms, 160 hours of program, and 6 years of disclosure and notification order) is too unreasonable.

2. Part of the defendant's case

A. The summary of the facts charged is the chief inspector of the inspection of "E" in Busan Dongdong-gu, Busan. At present, the defendant was the chief inspector of the inspection of "G" located in "G" in F of Busan Dong-gu, and the victim H (n, 17 years old) had access to the inspection of the above inspection according to I, the mother of the victim's her mother, who was the victim of the above E and G rapidly, since around 5-6 years ago.

The Defendant committed an indecent act against the victim by taking advantage of the fact that, even if the victim commits an indecent act or rape against the victim, the victim would not be trusted even if the victim did not make a report of damage to the I, even if the victim did not report it to the I, even if he did not do so, since early 2010 to Nov. 1, 2012, the victim was in charge of the victim's chest under the pretext of weather treatment and best treatment for about two years and six months from the early 2010 to the first half of 2012.

1) On August 2010, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) was a victim who was diving at the entrance of the said E on the first round of the new wall (for the purpose of reporting the age of 15 and committing rape at that time, and getting down the victim’s body under his/her inner seat, and sporads down the victim’s body, and spoke it.

arrow