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(영문) 서울고등법원 2016.04.28 2016노201
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant and the person who requested the attachment order (hereinafter the defendant) attempted to commit an indecent act by force the victim D, and did not have committed an attempted rape, the court below found the victim F guilty of all the charges of this case. The court below erred in the misapprehension of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. Part 1 of the case concerning the defendant's assertion of misunderstanding of facts comprehensively adopted and examined by the court below, i.e., the following circumstances: ① the physical form of the offender, clothes and bags, etc., which the victim and witness G were or were put into custody, are similar to the clothes and bags that the defendant was or was put into custody on the day of the case, and the witness G was presented eight copies of the suspect's photograph of the crime of this case at the police, and the witness G was presented by the police, and the personal seal on the photograph of the defendant was presented, and the witness G was found to have been witnessed.

(2) According to the result of inquiry into the data received from the Defendant’s location tracking device, the Defendant was found to have existed near the scene of each crime at the time of the occurrence of the instant crime, and ③ the victim D committed the instant crime with the finger of the offender at the time of the instant crime.

At the time of arrest of the defendant, there was an injury that was not dead at the time of arrest, and 4. The police stated that there was no space near the scene of the crime in which the crime of attempted indecent act of this case was committed, but the prosecutor stated that there was no space near the scene of the crime, but around about 10 minutes of the time of the arrest of the defendant.

In light of the fact that the statement has been reversed, it can be sufficiently recognized that the defendant attempted to commit an indecent act by force against the victim D, and that the defendant committed an attempted rape against the victim F.

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