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(영문) 서울고등법원 2018.08.17 2018노721
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The judgment below

The part of the case of the defendant (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment, five years of suspended execution, etc.) by the Defendant and the claimant for the order to observe the protective police officers (hereinafter “Defendant”) is too unreasonable.

B. A prosecutor 1) In light of the fact-misunderstanding (the part not guilty in the reasoning of the judgment below) and the fact that according to the testimony of the J, a witness, the victim knew that the victim had a kise Defendant who opened the door, had a kise, and had a kise, and that the victim had a kise, and that the defendant had a kise with the victim, according to the results of gene assessment (the result of gene assessment), there

must be viewed.

At that time there was only the Defendant’s willful misconduct at that time.

The court below erred by misapprehending the legal principles.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

In addition to the mistake of the facts as seen earlier on the ground of appeal, the prosecutor explicitly asserts that the defendant should be sentenced to severe punishment, but the prosecutor appeals against the whole judgment of the court below (see a petition of appeal), and seeks that the defendant be sentenced to severe punishment, unlike the court below which has suspended the execution of the sentence (see a petition of appeal), so that the prosecutor has also appealed to the part of the request for protection observation order, which was initially

It is reasonable to view it.

2. Determination

A. 1) We examine the part of the case of the defendant ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) provides a facility, an institution, or a place of business (hereinafter referred to as “child-related institution, etc.”) under any of the following subparagraphs, or employment for a child-related institution, etc., for whom a final and conclusive person who was sentenced to punishment or medical care and custody for a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”).

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