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(영문) 광주고등법원 (전주) 2019.07.09 2018노261
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment below

The part of the defendant's case shall be reversed.

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

(b) the defendant;

Reasons

The court's scope of trial in this Court declared that the defendant's case was convicted and the prosecutor's request for attachment order was dismissed. The judgment of the court below was appealed only by the defendant, and the prosecutor did not appeal.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the scope of this court's adjudication is limited to the part of the defendant's case.

The summary of the facts charged was known to the defendant who goes through the victim B (V) and the church.

From September 2015 to November 2015, the Defendant: (a) placed the victim’s hand into the victim’s panty panty in the public toilets of the church located in Geumcheon-jin-gu, Seoul; and (b) led the victim to indecent act by force.

(hereinafter “this case’s first prosecution”). From September 2015 to November 1, 2015, the Defendant, at the home of the Defendant, Jinjin-gu, Da, U, and Goho-dong, had the victim, etc. play a flacous play, and had the victim hidden together with the victim at the bottom of the Washington, the Defendant her was forced to commit indecent act by force by inserting his hand into the victim’s panty.

(hereinafter “the facts of the second prosecution”). From September 2015 to November 11, 2015, the Defendant: (a) placed the victim in the apartment playground located in Seojin-gu G in Jeondong-gu, Jeondong-gu, Jeondong-gu, Seoul, in the direction of the victim’s panty system, knife by inserting his hand into the victim’s panty system and led the victim to indecent act by force.

(hereinafter referred to as “instant third prosecution”). In 2012, when the Defendant was under the age of 14, the Defendant committed a mistake of the gist of the grounds for appeal, the victim’s negative part in the church toilets, and each victim’s fingers on the apartment house and apartment playground located in the second floor of the church and the apartment playground in the apartment park. However, the Defendant did not have the negative part of the victim in the year 2015.

When the defendant in 2012 changed the victim's sound mind, the defendant has given consent to the victim.

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