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(영문) 대전고등법원 2016.12.16 2016노279
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal: The court below's imprisonment (five years of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor shall state the facts charged in the instant case as “violation of the Act on the Protection of Children and Juveniles against Sexual Abuse” in “Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse” in “Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse” and “Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse” in “Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse,” and the part of the facts charged in the instant case that “the victim rapes the victim who is a child or juvenile by putting the victim’s arms and suppressing the victim’s sexual organ into the part of the victim’s sexual organ and inserting the victim’s sexual organ into the part of the victim’s sexual organ by force,” and thus, the judgment below may no longer be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after pleading.

【The reasons for the judgment of the court below for the crime and the summary of the evidence acknowledged by the court below are as stated in each corresponding column of the judgment below, except for the case where the part of the court below's second 8 to 10 "a person rapes the victim who is a child or juvenile by putting the two arms of the victim and putting the victim's sexual organ into the victim's sound book and inserting the victim's sexual organ into the victim's sound book to "a person has sexual intercourse with the victim who is a child or juvenile by inserting the victim's two arms, and by inserting the victim's sexual organ into the victim's sound book by force."

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