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(영문) 서울고등법원 (춘천) 2013.09.11 2013노134
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had no intention to rape, and there was no assault or intimidation against the victim.

B. The prosecutor (unfair punishment) of the lower court (one year and six months of imprisonment, and three years of suspended execution) is deemed to be too unhued and unfair.

2. Determination

A. We examine the defendant's assertion of mistake of facts. The defendant argued that there was no intention to rape the victim, and that there was no assault or intimidation, and the court below found the defendant guilty of the facts charged. The court below rejected the above argument on the grounds of detailed reasons under the title "decision on the defendant and his defense counsel". The circumstances shown in the judgment of the court below and other records as follows: ① the victim stated to the effect that he led the defendant's hand on the day of this case (the trial record is 26 pages); ② the victim's statement is credibility in conformity with H and G's statement at the time of this case; ② the defendant concealed the victim's cell phone after the victim's entrance into the bar; ② the defendant was 20 times the victim's cell phone at the time of his entrance, and the defendant was 2 times the victim's clothes at the time of his entrance into the contact sea (the trial record is 27 pages) and the defendant's act was not able to be able to escape from the investigation record at the time of this case.

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