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(영문) 서울고등법원 2017.04.27 2016노2684
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

The defendant shall be treated for sexual assault for 80 hours.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the completion of the imprisonment with prison labor for a period of 6 years and 80 hours) is too unreasonable.

2. In the first instance trial, the public prosecutor held that “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the minor under the age of 13)” in the Defendant’s name of the crime is “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, etc. against minors under the age of 13).” In the applicable legal provision, “Article 7(2)2” is “Article 7(5) and Article 7(2)2,” and “criminal facts” under Article 7(1) of the facts charged are “Article 7(1) of the Act,” and “the facts constituting the crime” under Article 7(1) of the facts charged were modified by the court and thus, the lower court cannot be maintained any more.

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 again ruled as follows through pleading.

[Judgment used again] The criminal defendant is in a de facto marital relationship with D from about 20 years ago, and the victim E (the life of October 2012) is a female of D.

1. Article 7(5) and Article 7(2)2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act, such as a deceptive scheme by a minor under the age of 13) of the Defendant: (a) around 10:25 May 6, 2016, the Defendant: (b) placed D in the front of the Incheon Bupyeong-gu, Incheon, a place in order for the Defendant to take physical treatment at a nearby hospital; and (c) left with the victim by making D left with the victim at a place in order for the Defendant to take physical treatment at a nearby hospital; (d) stated that the Defendant “I am fright, good, good, good, good, good, good,” while leaving the victim’s will and panty, and then placing the victim’s negative part in a hole of this hole by hand.

(b) the Corporation; or

To enter the tent, the victim's negative body is called as "the fine....."

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