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(영문) 서울고등법원 2013.09.26 2013노1974
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All the judgment below is reversed.

The Defendant is innocent. The Defendant’s request for attachment order against the person to whom the attachment order was requested is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (1) The Defendant merely made sexual contacts under an agreement with the victim of mistake of facts, and did not intend to have sexual intercourse with the victim.

(2) In light of the circumstances of unfair sentencing, the sentence imposed by the court below (three years of imprisonment) is too unreasonable.

B. (1) In light of the circumstances of the Defendant’s case (e.g., imprisonment with prison labor), the sentence imposed by the lower court (e.g., three years of imprisonment) is too uneased and unreasonable.

(2) The period of attachment order imposed by the lower court is too short and unfair in light of the Defendant’s crime details, method, degree of damage, etc. of the case requesting attachment order.

2. Determination

A. On June 26, 2012, at around 02:25, the Defendant: (a) attempted to contact with the victim, such as the victim’s knee, knee, knee, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne,

As a result, the defendant tried to have sexual intercourse with a child or juvenile victim by force, but did not bring about such intent and attempted.

The court below held that the prosecutor's charge of rape against a child or juvenile (Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse) was an attempted rape (Article 7 of the applicable Act: Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse), but the facts charged and the facts charged (an attempted sexual intercourse by force against a child or juvenile) are within the scope recognized as identical to the facts charged, and there is no concern that

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