(영문) 대전고등법원 2015.04.03 2014노479 | 리걸엔진

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(영문) 대전고등법원 2015.04.03 2014노479

아동ㆍ청소년의성보호에관한법률위반(강요행위등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

Judgment ex officio

A. A prosecutor shall maintain the original facts charged as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.) against the victim E in the trial for the first time, add the ancillary facts charged as to the facts charged, such as the subsequent facts charged, and apply for changes in the indictment to the effect that the period of crime is partially reduced, such as the facts charged in the following facts charged, as stated in the judgment of the court below, and since this court permitted this, the judgment of the court below is no longer maintained in this respect.

B. However, even if there is a ground for reversal as above in the judgment of the court below, the defendant's assertion of mistake and misapprehension of legal principles as to the facts constituting No. 1-b and (c) in the judgment of the court below, and the prosecutor's allegation of mistake as to the acquittal part

Judgment on the Grounds for Appeal

A. On the grounds of appeal by the defendant (the ground of appeal No. 1-b and (c) of the original judgment) the court below rejected the defendant's and defense counsel's assertion that there was no threat of victims on the grounds that the defendant's act of purchasing sex or by threatening victims as stated in No. 1-b and (c) of the criminal facts in the judgment of the court below can be sufficiently recognized, and that there was no threat of victims on the grounds that the defendant's act of purchasing sex or by threatening victims as stated in the first-b and (c) of the criminal facts in the judgment of the court below was committed. 2) Examining the reasons of the judgment below in comparison with the records, the judgment of the court below is justified.

This does not begin with the victims' information as alleged by the Defendant, or the victims.

유사 판례

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