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(영문) 부산고등법원 2019.10.17 2019노219
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

1. The part of the judgment below's conviction (including the part of acquittal in the grounds and dismissal of the grounds).

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") are guilty on the grounds of misconception of facts and misapprehension of legal principles as stated in the judgment below, the court below erred by mistake of facts and misapprehension of legal principles.

(1) As to the crime of paragraph (1) of the crime in the judgment of the court below, the victim was "a potential person" at the time of committing each crime of this part of this part of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, etc. against Victims B) and attempted to rape by using the victim without recognizing that the victim was in a state of mental disorder or impossibility to resist due to sleep, and the defendant cannot be deemed "the intention to commit similar rape by force", and there is no trace of exercising any particular physical power, and therefore, the defendant cannot be deemed to have exercised the "defensive force".

(2) As to the crime No. 2 of the judgment of the court below, the defendant does not have the fact that he was at the time of the victim B.

In addition, the victim E shall study the victim E around the time of occupation and admonish him/her of false remarks.

In addition, it is true that the body, etc. established as a “constition,” and the body of acceptance of a contract is stimulated, but there is no time to use the body of acceptance of a contract, which is a dangerous object, such as the facts charged.

B) The lower court’s sentence of unfair sentencing (five years of imprisonment, forty hours of order to complete education, three years of employment restriction order, three years of probation order, etc.) is too unreasonable. 2) In so doing, misunderstanding of facts and misapprehending of legal principles [the part of innocence among the Defendant’s case of the lower judgment in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Minor Rape under thirteen years of age) against Victims B, and the statement made by the victim’s investigative agency in the part of the lower judgment on July 2, 2018, of the Defendant’s case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age, minor deceptive means, etc.).

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