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(영문) 서울고등법원 2016.07.26 2016노1189
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) were not aware that the victim was a juvenile under the age of 19 at the time of the instant case; and (b) the lower court found the Defendant guilty of the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the lower court erred by misapprehending the facts.

At the time of the instant case, the Defendant was in a state of mental and physical weakness under the influence of alcohol.

The punishment sentenced by the court below to the defendant (two years of imprisonment) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

The part for which a request to attach an attachment order is filed: It is unreasonable for the court below to dismiss the request to attach an electronic tracking device of this case, even though the defendant needs to attach an electronic tracking device because he/she has high risk of

Judgment

The judgment of the court below as to the defendant's assertion of mistake of the facts on the part of the case of this case refers to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim himself 19 years of age at a meeting of "E" on the day of this case. The victim talks about the defendant's age on the day of this case not only when he talks about the age but also talks about the Korean age that became worse, and ii) the business owner of the above "E" referred to as "E" as "the third-year age of high school" by introducing the victim who works as a part-time worker at his own business on the day of this case to the defendant on the day of this case (the day of this case 212th day of the trial record, the day of evidence record, 169th day of the trial record), and even if 3 years in high school, 197

In full view of the fact that the defendant is a juvenile under the age of 18, it can be sufficiently recognized that the defendant was aware that he was a juvenile under the age of 19.

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