logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.04.20 2016노4086
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant and the respondent for the attachment order and the respondent for the attachment order (hereinafter the defendant) did not commit any similar rape, the court below found the victim guilty of the facts charged of this case. The court below erred in the misapprehension of facts.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) Although the criminal defendant, who was unjustly accused of the attachment order, committed a sexual crime against a person under the age of 19 and was at risk of reoffending, the court below's dismissal of the request for the attachment order of this case

2. Determination

A. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment.

In the first instance of the trial, “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of sexual intercourse with a minor under the age of 13)” is “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with a minor under the age of 13).” The applicable provisions of Article 7(2)1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 19, 2013); Article 7(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 297 of the Criminal Act; Articles 1 through 5 of the charges of this Act referred to as “Article 7(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 19, 201>

The Defendant admitted victim D, who is his/her father, to E, a disabled person C, to be his/her dependent on the disabled person’s living facilities for the disabled, and had his/her mother find a harsh house in order to meet with her mother, and met with obscenity by showing the obscenity of obscenity to another victim, and met with her sexual assault. On April 30, 2012, 201, 19, 10, 201, 300, 300, 300, 300, 2000, 2000, 300,000, 300,000, 200, 200, 200, 200, 200, 200, 200, 200, 30,000, 200

arrow