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(영문) 서울고등법원 2018.06.22 2018노632
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) is guilty of the facts (the fact that there is a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.)) that the Defendant had sexual intercourse under agreement with the victim J (e.g., 15 years of age) and did not have sexual intercourse with the victim by force.

Even if the victim had expressed his intention to refuse to engage in the sexual intercourse between him and her.

Even if the defendant was unable to know, the defendant was not known.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme) is erroneous.

2) The sentence sentenced by the lower court (the three-year suspended sentence of imprisonment with prison labor) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.

2) It is unreasonable for the lower court to exempt the disclosure notification order, in the absence of special circumstances that would not give notice of the personal information of the criminal defendant who was unreasonably exempted from disclosure notification order.

2. Determination:

A. In full view of the circumstances in its reasoning that are acknowledged by the evidence duly admitted and investigated, it is reasonable to view that the Defendant, while recognizing that the Defendant expressed his/her intent to refuse to engage in sexual intercourse, was sufficiently proven to the extent that there is no reasonable doubt that the Defendant had sexual intercourse with the victim by force.

On the other hand, the defendant's above assertion was rejected, and the defendant guilty of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive scheme).

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

shall not be deemed to exist.

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

B. The sentencing of each of the defendant and the prosecutor is unfair.

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