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(영문) 서울고등법원 2017.08.10 2017노646
아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

The seized mobile phone.

Reasons

The summary of the grounds for appeal is as follows: (a) the evidence submitted by the prosecutor to the contrary is alone by the mistake of the facts or misapprehension of the legal principles on the part of the case by the defendant; and (b) the applicant for attachment order

A. At the time of the crime of quasi-rape in this case, it was proved that there is no reasonable doubt that the victimized person was aware that he was a child at the time of the crime of quasi-rape in this case, and that the victimized person was injured by the Defendant’s crime of quasi-rape.

shall not be deemed to exist.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The lower court’s sentence (7 years of imprisonment, 120 hours of completion of sexual assault treatment programs) is so unfair or unreasonable as to be so unfair as to be so unfair (the Defendant). Although there are special circumstances under which the disclosure order of personal information should not be disclosed or notified to the Defendant, the lower court’s order ordering the disclosure of personal information is unlawful.

Although the court below dismissed the defendant's request for attachment order of an electronic tracking device despite the risk of recommitting a sexual crime, it is unlawful for the court below to dismiss the request.

The following facts can be acknowledged according to the evidence duly adopted and examined by the court below and the results of the inquiry about AH school of this court as to whether the defendant was aware that the damaged person was a child or juvenile as prescribed by the Act on the Protection of Children from Sexual Abuse at the time of the quasi-rapeing.

① Students in the 12-year course who graduated from the instant AH on June 2016 (hereinafter referred to as “school graduates in the 12-year course”).

AH school system was born mainly from September 1997 to August 1998 (such as Defendant, before September 197).

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