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(영문) 서울고등법원 2018.06.22 2018노678
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

With respect to the person against whom an attachment order is requested, it shall be for a period of ten years.

Reasons

1. Summary of grounds for appeal;

A. In the meantime, the Defendant argued that he/she is guilty of violating the rules of evidence (the act of similarity) and mistake of facts (the act of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, the act of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of using a camera, etc.)] by the second public trial of the court below, and the act of violating the Act on the Protection of Juveniles against Sexual Abuse (the act of indecent act, such as deceptive means, etc.) by the second public trial of the court below, and the act of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communications medium) by the third public trial of the trial of the court below, but the Defendant made a mistake as to each of the above

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") is only a normally sexual intercourse under the agreement with the victim I (the victim, 16 years of age), and there is no fact that the victim's reflects his/her sexual organ into the victim's resistance by suppressing the victim's resistance, and there is no video recording of the victim's sexual organ, such as the victim's second half.

Nevertheless, on the basis of the statements made by the victim with insufficient credibility, the court below found the victim guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse and of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.). Thus, the court below erred by violating the rules of evidence or misunderstanding the facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (seven years of imprisonment) is too unreasonable.

2. Determination on the part of the case of the defendant

A. 1) With respect to the assertion of violation of the rules of evidence and mistake of facts, the court of the relevant legal principles in determining the credibility of the statements made by the victim, etc. supporting the facts charged, as well as whether the contents of the statements themselves conform to the rationality, logic, contradiction, or rule of experience, or conforms to the evidence or the statements made by a third party, and the witness who makes a statement in the open court after being sworn in the presence of a judge.

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