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(영문) 서울고등법원 2019.10.01 2019노936
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

Among the accused cases, the guilty part of the accused case and the part of the claim for attachment order of electronic tracking device shall be respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order 1) The victim D (hereinafter “victim”) by mistake of facts and misapprehension of legal principles as to the guilty portion among the Defendant’s case

The statement does not coincide with the time when objective air-conditioners are installed, and the defendant and the person to whom the attachment order was requested (hereinafter referred to as “the defendant”).

In light of the date of service, weather at the time, and apartment complex circumstances, there is low possibility that a crime was committed three times at around 2016, as stated by the victim’s statement. Furthermore, it is difficult to believe that the Defendant committed indecent act by force during several minutes of the victim and that the victim continued to enter the guard room even after the victim was injured. Meanwhile, considering that the victim’s first person who provided the victim’s pro-Japanese testimony had a bad appraisal on the part of the Defendant, the victim’s statement is likely to be contaminated or distorted by the first informant. Accordingly, the lower court found the Defendant guilty of this part of the facts charged by deeming the victim’s statement insufficient credibility as the sole direct evidence of the crime, and there is an error of law by misapprehending the legal principles or misapprehending the legal principles on the grounds of unfair sentencing. 2) Although there is no express statement on the grounds of appeal on the summary of the pleading as of September 16, 2019, the judgment together is made.

The punishment sentenced by the court below (five years of imprisonment, etc.) is too unreasonable.

In addition, it is unreasonable that the court below ordered the disclosure and notification of the personal information of the defendant for five years, which is an excessive period of time, although there are special circumstances that the defendant should not disclose or notify the personal information due to his old age and disability in sex function low risk of recidivism.

B. Prosecutor 1) A victim B of mistake of facts as to the acquittal portion (hereinafter “victim”).

A. From the investigative agency to the court of the court below.

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