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(영문) 광주고등법원 (전주) 2018.06.19 2018노1
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. On October 1, 2015, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) attempted to engage in sexual intercourse with the victim at the rear seat of the passenger car, but the Defendant’s attempt to add the victim’s horses was suspended.

Nevertheless, the court below recognized that sexual intercourse has occurred by inserting his sexual organ into the sexual organ of the victimized person. Thus, the court below erred in the misapprehension of facts.

2) The sentence of the lower court’s unfair sentencing (eight years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination on the defendant's case

A. The lower court asserted that the Defendant’s assertion of misunderstanding the Defendant’s facts is identical to the allegations in this part of the grounds of appeal, and the lower court rejected the Defendant’s assertion by recognizing the Defendant’s rape on October 1, 2015, by taking account of the circumstances in the judgment “items 2 to 6 of the “determination of the Defendant and his defense counsel’s assertion” in the judgment.

The judgment below

Examining the reasoning of the court below in comparison with the evidence duly adopted and examined, the above determination by the court below is just and acceptable, and there is an error of law by mistake of facts, as alleged by the defendant.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. Determination on the wrongful argument of sentencing by the defendant and the prosecutor has been made through rapes over two times by the defendant. In light of the victim's age, the crime is not good in light of the criminal law, such as when the defendant faces the victim or exercises a tangible power to exercise the victim's face in the course of committing the crime, and there is a high possibility of criticism against the defendant as it is anti-humanity.

The victim suffered a huge mental or physical suffering due to the crime of this case, and sound sexual records in the future.

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