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(영문) 부산고등법원 (창원) 2019.07.24 2019노82
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (hereinafter referred to as “Defendant”).

(1) As to the facts constituting the crime of paragraph (1) (rape-rape) as indicated in the judgment of the court below, the victim C did not have the ability to resist at the time of the crime, and there was no sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim C.

B) As to the facts constituting the crime of Paragraph 2 (Assault) of the judgment of the court below, the court below convicting the Defendant of this part of the facts charged, based on the following facts: (a) although the Defendant reported the Defendant’s comments posted as if the Defendant had quasi-rapeed the Victim C at the open hosting room B, the Defendant did not seem to have taken advantage of the fact that the Defendant d head was not when the victim d head was used.). Therefore, the court below erred by misapprehending the legal principles.

2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing is too unreasonable. (B) The prosecutor (the Defendant, in the part of the request for an attachment order, was sentenced to imprisonment for a sex crime similar to the instant case and the execution of the sentence was completed, even though the Defendant had been in the position of failing to resist by drinking the minor victim. In light of the background and method of the crime, the character and conduct of the Defendant, etc., the Defendant is likely to recommit a sex crime.

Nevertheless, the lower court dismissed the Defendant’s request for the attachment order of this case on the ground that there is no risk of recidivism.

2. Determination

A. 1) As to the part concerning the defendant's case, the defendant's argument that "the defendant's "the fact-finding" is examined) the part concerning the criminal facts of paragraph (1) (rape-rape) as stated in the judgment of the court below also states the same purport as the grounds for appeal in this part, and the court below also states the judgment on the defendant's argument in detail

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