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(영문) 대전고등법원 2013.05.29 2012노558
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The judgment of the court below is reversed.

Defendant

B Imprisonment with prison labor for six years and for five years, each of the defendants A shall be punished by imprisonment.

Defendants.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year of imprisonment, ten years of disclosure and notification order, ten years of attachment order) of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant B”) is too unreasonable.

B. The victim G was not a person under 13 years of age at the time of a misunderstanding of facts against the Defendant and the person subject to a request for attachment order A (hereinafter “Defendant A”), and there was no indecent act against the victim K. 2-C, D, and E in the judgment of the court below. The crime under subparagraph 2-C, D, and E in the judgment of the court below is a crime subject to prosecution, and there was no legitimate complaint within

3) The lower court’s sentencing (one year of imprisonment, ten years of disclosure and notification order, and ten years of an attachment order is too unreasonable.

2. Determination on the part of the defendant's case

A. The judgment of the court below on Defendant A’s assertion of misunderstanding of facts was also made in the court of original instance, and the court below determined as follows. A) In full view of the following circumstances, the judgment on the crime against Victim G (Article 2-3(3) through (5) of the original judgment, the victim G at the time of Defendant A’s crime can be acknowledged as being under 13 years of age.

① Defendant A did not dispute the date and time of committing a crime against a victim and recognized all of the victim’s claims.

② In light of the fact that Defendant A’s mother and her mother at the time of committing the instant crime, although the victim did not want to be punished strictly by Defendant A for reasons such as the relationship with relatives, etc., the victim’s statement in the lower court is very high in its credibility in light of the fact that Defendant A’s statement in the lower court was made that Defendant A was under 13 years of age at the time of committing the instant crime, despite the victim’s request by her mother and her mother at the time of committing the instant crime, the victim’s statement in the lower court is very high.

(3) The defendant A shall be an investigative agency.

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