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(영문) 부산고등법원 2015.08.20 2015노345
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case: (a) With respect to the crime of misunderstanding of facts and abduction by the Defendant and the person who requested an attachment order (hereinafter “Defendant”), the Defendant did not have any fact leading the victim; and (b) did not have any purpose of sexual intercourse.

In relation to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the victim was off from his clothes, the defendant was forced to see the victim's chest with his chest or to have the defendant grow her gender, and there was no intention to rape.

With regard to the point of confinement, the victim is a person who enters the victim's own sexual harassment by the father's sound to find him/her, and there is no fact that the defendant forced him/her to detain the victim.

Nevertheless, the court below found the Defendant guilty of both the charges of the instant case, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes. In so doing, the court below erred by misunderstanding

B) In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s punishment (one year of imprisonment, 80 hours of completing a sexual assault treatment program, 80 hours of disclosure of information, and 8 years of notification) is too unreasonable. 2) In light of the various sentencing conditions in the instant case by the prosecutor, the lower court’s above punishment is too unreasonable and unfair.

B. Part 1 of the attachment order case is inappropriate that the lower court ordered the Defendant to attach an electronic tracking device for 10 years. 2) The period of attachment of the location tracking device ordered by the prosecutor by the lower court is too short and unfair.

2. Determination

A. Part 1 of the defendant's case concerning the defendant's assertion of misunderstanding of facts) The defendant argued in the court below to the same effect as the defendant's assertion in this part of the appeal, and the court below rejected the defendant's assertion in addition to a detailed judgment under the title "the judgment on the defendant and his defense counsel's assertion". The summary of the judgment is as follows.

- The summary of the judgment of the court below - The victim.

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