(영문) 서울고등법원 2015.03.12 2014노3354 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.03.12 2014노3354

아동ㆍ청소년의성보호에관한법률위반(준강간등)등

Text

The judgment below

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

A defendant shall be punished by imprisonment for five years.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) are guilty of facts as stated in 1. D. and 2. of the judgment of the court below (hereinafter “each of these crimes”)

2) The sentence of imprisonment (six years of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

B. Prosecutor 1) The lower court’s dismissal of the Defendant’s request for the attachment order of this case is unlawful, since the Defendant’s sentence imposed by the lower court against the Defendant is too unfasible and unreasonable. 2) The Defendant’s attachment order of this case is dangerous

2. Determination

A. On April 19, 2014, the summary of the facts charged concerning each of the crimes in this part of the facts charged is as follows: “The defendant committed an indecent act against the juvenile by force, such as: (a) putting the hand into the victim’s inner part; (b) putting the victim’s sexual organ into the victim’s sexual organ; and (c) putting the victim’s fingers into the victim’s sexual organ (hereinafter “the first facts charged in this part”); and (d) around April 20, 2014, putting the Defendant’s fingers into the victim’s sexual organ by taking advantage of the victim’s condition that the victim was unable to resist due to sleep; and (b) putting the fingers into the victim’s sexual organ (hereinafter “second facts charged in this part”); and (c) 2) the defendant did not have any fact near the Seoul Special Metropolitan City Seo-dong Hospital on April 10, 2014; and (d) 10, 2014.

3) The lower court determined that the victim’s statement on the date and time of each of the crimes in this part is specific and consistent, and the credibility is recognized in light of the background of the victim’s statement and the relationship between the victim and the Defendant, and found the Defendant guilty of all the facts charged in this part 1 and 2. 4)

유사 판례

-서울북부지방법원 2014.10.17 2014고합219

-의정부지방법원 2015.11.11 2015고합233

-대전지방법원 2015.05.20 2015고단812

-인천지방법원 2014.06.19 2014고합233

-서울고등법원 2020.04.02 2019노1491