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(영문) 서울고등법원 2018.05.03 2018노177
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

Defendant

In addition, both the appeal by the person who requested the attachment order, the requester for the protective order, and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for the attachment order, and the requester for the protective observation order (hereinafter “Defendant”) were aware of the fact that the Defendant, under the agreement with the victim, committed a sexual intercourse and did not exercise force by means of assault or intimidation.

Nevertheless, the judgment of the court below that found the defendant guilty on the grounds of the victim's statement without credibility is erroneous in the misapprehension of facts.

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

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) In full view of the circumstances leading up to and methods of disclosure and notification of personal information of the Defendant to the general public and the need to prevent sexual crimes by disclosing and notifying the Defendant’s personal information to the general public, it is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order.

3) Although the court below’s rejection of the attachment order and the preliminary protective observation order is likely to repeat a crime, it is improper for the court below to dismiss the request for the attachment order and the preliminary protective observation order in this case.

2. Determination

A. The lower court’s judgment on Defendant 1’s assertion of mistake as to Defendant 1’s fact-finding) is consistent with the following circumstances acknowledged by the evidence adopted by the lower court, i.e., the victim has consistently stated the details of the instant damage, details of damage, and the front and rear circumstances. In light of the intent and content of the statement,

In light of the fact that the victim's request for assistance by phone call immediately after the occurrence of the instant case, and the victim seems to have no reason to believe the Defendant, the credibility of the victim's statement can be acknowledged. Thus, the facts constituting the crime of the lower judgment that the Defendant committed sexual intercourse by force against the victim who is a child or juvenile are acknowledged.

(b)in this case;

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