logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.05.16 2016노3921
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

Of the judgment of the court of first instance, the guilty part and the judgment of the court of first instance shall be reversed, respectively.

A defendant shall be punished by imprisonment for five years.

Reasons

The summary of the grounds for appeal is that the Defendant, as stated in the judgment of the first instance court, did not have any misunderstanding of the facts against the victim, including deceptive schemes, by committing any indecent act by special force, by special assault, and by each assault.

The Defendant did not have any injury to the victim and any assault against the victim as stated in the judgment of the first instance court in the judgment of the court below, except in the case where the victim is the victim who sleeped with the Defendant, with regard to the 5th anniversary of the list of crimes attached to the resolution of the second instance judgment.

The sentence that the court below sentenced against the defendant (the first instance court: 5 years of imprisonment, the second instance court: the fine of 4 million won, the third instance court: the imprisonment of 10 million won) is too unreasonable.

In light of the credibility of the statements made by the prosecutor (the lower court’s judgment as to the first instance judgment), the lower court erred by misapprehending the facts and acquitted the Defendant of this part of the charges, even though it could sufficiently recognize the facts charged by the thief, the damage to property, and the minor freedom.

The sentence sentenced by the first instance court to the defendant is too uneasible and unfair.

Judgment

The judgment of the court of first instance, the judgment of the court of first instance, and the judgment of the court of first instance, are sentenced to each of the judgment of the court of first instance, and the defendant and the prosecutor filed an appeal against the judgment of the court of first instance regarding the defendant and the judgment of the court of first instance, and the court of first instance decided to jointly examine the above appeal cases. The judgment of the court of first instance concerning the defendant is in the concurrent relation between the guilty part among the judgment of the court of first instance and the judgment of the court of second and third in accordance with Article 38(1) of the Criminal Act, and thus, the judgment of the court of first instance cannot be maintained any more.

In addition, at the trial of the court of the first instance, the prosecutor applies for amendments to the indictment with the content that the part Nos. 4, 6, and 7 of the attached list of the crimes committed in the judgment of the court of the court of the third in the same manner as the No. 4, 6, and 7 of the annexed list of crimes in this judgment.

arrow