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(영문) 서울고등법원 2017.12.19 2017노3002
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The judgment of the court below is reversed.

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

Sexual assault against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of five years and the order to complete a sexual assault treatment program of 80 hours) is too unreasonable.

2. In the facts charged by the prosecutor of the judgment ex officio, the prosecutor applied for the amendment of the bill of amendment to the Act in the case of the violation of the Child Uniforms Act (in the case of coercion, intermediary, sexual harassment, etc. against a child), “Any other victim listed above the victim’s body is sexual intercourse once” (Article 2-16-17 et al. of the judgment of the court below) as “any other victim listed above the victim’s body has his/her sexual organ and any other victim’s sexual organ,” and “the content of sexual abuse” listed in the attached Table 2 No. 1 in the attached Table 2 of the crime sight table 2 of the judgment was changed to “the content of sexual abuse” of the attached Table 2 of the judgment, and the judgment of the court below was no longer maintained since it was changed to the subject of the judgment by permitting it.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

[Reasons for the new judgment] The summary of the facts constituting the crime and evidence acknowledged by this court and the summary of the evidence related thereto are as follows: the judgment below's 2th 4th 4th son of the judgment of the court below as "total intelligence index"; the 16th 17th am "by having sexual intercourse with another victim who is going on the victim's body one time," "the victim's sexual organ with the victim's sexual organ on the victim's body"; and "the content of sexual abuse" 1 second knife of the attached Table 2 of the crime list 2 of this judgment as "the content of sexual abuse" is as stated in the corresponding column of the judgment of the court below, except for each change to "the content of sexual abuse" of No. 2 of the attached Table 2 of the crime list of this judgment as stated in the corresponding column of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

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