logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.08.30 2018노585
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant’s forced indecent act against E was merely made use of the part behind E’s anti-cot in his hand from the purpose of checking whether he had additionally stolen things by E (a name, fluor, 8 years old) and giving lessons to E, and otherwise, he did not take the her her her her her her her her her her her her her her her her her her hand, and there was no intention to commit an indecent act against E.

However, there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that the court below found this part of the facts charged guilty.

2) The Defendant, who was forced to commit an indecent act against F, did not have her her m or her m or her m or her m or m or her m or m or

Even if the defendant was F's her her butt, the defendant does not intentionally do so.

However, there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that the court below found this part of the facts charged guilty.

B. The sentence of the lower court (two years and six months of imprisonment, three years of suspended execution, and forty hours of sexual assault treatment lectures) that was unreasonably alleged in sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant stated in the court of the court below that “The facts charged in the indictment are recognized, but there was no intention to commit an indecent act.”

According to the evidence duly adopted by the court below and the statement of the witness R in the appellate court, various circumstances recognized in the judgment of the court below not more than 3 pages of the defendant and the defense counsel's assertion are justified, and the witness in the appellate court's statement in S in the appellate court is not entirely interfere with such recognition.

In full view of the above statements of the court below and the situation of recognition of the court below in front of the defendant's above, the defendant was aware that the defendant was her her son against the victim E's will, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

arrow