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(영문) 서울고등법원 2018.07.10 2018노1098
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The judgment below

The part of the case of the defendant (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

The summary of the grounds for appeal is too unreasonable for the defendant and the person who requested an attachment order or the person who requested an attachment order (hereinafter referred to as the "defendant") to whom the court below sentenced the defendant (such as imprisonment with prison labor for a period of three years and six months and eight hours and order to complete a sexual assault treatment program).

In the petition of appeal, while stating the scope of appeal as the whole of the lower judgment, the prosecutor stated only the mistake of the facts as to the acquittal portion of the reasoning of the lower judgment and the illegality of sentencing on the guilty portion on the grounds of appeal. On May 2, 2018, the written reasons for appeal, which was withdrawn from May 2, 2018, are also stated as the grounds for appeal only for misconception of the facts as to the acquittal portion of the grounds for appeal and illegal sentencing on the guilty portion, and did not state any separate grounds for appeal on the part regarding the request for attachment order and the request for observation order, and on the first trial date, did not state any specific grounds for appeal on this part.

In fact, the part of the judgment of the court below which acquitted the defendant (the charge of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: the charge of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an act of deception, etc. between minors less than 13)) was committed independently with minors by using smartphone-rating display used for the crime of this case, the defendant’s age was entered in the defendant India, the defendant India’s age was 20 years old or over, and the defendant’s age was set up at 20 years old or over, the victim’s age was set at 13 years old or over, and the victim’s age was set at 13 "," the victim’s age was set at 10,000 won, and the victim’s outer appearance is obviously a juvenile, and the defendant’s indecent act committed by the defendant by compulsion 14,000 years old or older through this case’s method similar to this case’s act by compulsion at Incheon District Court on January 25, 2017.

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