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(영문) 대전고등법원 2016.07.08 2016노74
미성년자의제강제추행등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for 13 years.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for the attachment order (hereinafter “Defendant”) do not have sexual intercourse with, or indecent act against, the said victims in relation to the victim E, I, and G.

B) In relation to the victim K, the physical contact recorded in the criminal facts in the judgment of the court below with the defendant with respect to the defendant K is naturally occurring during the training course to correct K's new character, and it cannot be viewed as an indecent act, and it cannot be deemed that there exists the criminal intent of indecent act.

C) In relation to the victim M, the Defendant only did not have a flock of the said victim, but also did not constitute an indecent act even if such act was committed, such act alone cannot be deemed to constitute an indecent act.

D) Even if the Defendant had sexual intercourse with or committed indecent act against the victims, it cannot be deemed that it was by the Defendant’s power against the victims.

2) The sentence of the lower court’s improper sentencing (eight years of imprisonment) is too heavy.

3) There is no sexual crime committed against the victims, and there is a risk of recidivism in the attachment order of an electronic tracking device.

Therefore, it is unreasonable for the court below to order the defendant to attach an electronic tracking device.

B. Prosecutor’s improper sentencing: The lower court’s sentence is too minor.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, 1) Whether the Defendant had sexual intercourse or indecent act against the victims, or not, the Defendant also asserted the same purport in the lower court.

On the other hand, the court below determined that the credibility of each statement made by the victims that they had sexual intercourse or indecent conduct from the defendant on the basis of the following reasons is recognized.

(1) The statements made by victims E, G, and I at each police station, the police station of victims M, and the court of original instance shall contain the detailed descriptions or statements.

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