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(영문) 서울고등법원 2016.07.28 2016노1208
아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (Defendant 1) to be mistaken for the fact that Defendant and the person who requested the attachment order (hereinafter Defendant 1) have sexual contact with the victim F by conducting kis, etc., and did not have any fact about attempted rape by exercising the victim’s tangible power. However, the lower court found the Defendant guilty of this part of the charges on the ground that the victim’s statement, etc. was not reliable. Thus, the lower court erred by misapprehending the facts.

2) The lower court’s improper sentencing is too unreasonable.

B. In full view of the evidence submitted by the Prosecutor 1, the lower court determined that the Defendant’s act did not reach the conclusion of the crime of rape, even though it was sufficiently recognized that the Defendant committed rape.

In light of the fact that rape was not guilty, the court below erred by misapprehending the fact that it was an attempted rape.

2) Improper sentencing of the lower court is deemed unreasonable.

3) Even though the criminal defendant, who was improper in issuing the attachment order, committed a sexual crime against a person under the age of 19 and thereby, was at risk of recidivism, the court below's dismissal of the request for the attachment order

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts was identical to the assertion of mistake of the above facts, and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the defendant's above assertion is without merit.

B. On August 20, 2015, the summary of this part of the facts charged is as follows: (a) the Defendant discovered that the Defendant was seated at the bus stop, which is a juvenile who was going to the E adjacent road located in Yang-si, Yang-si on August 20, 2015; (b) discovered that the Defendant was seated at the bus stop; and (c) made a car with the mind of committing rape while driving the Defendant’s vehicle on the top of the car operation.

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