logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.07.25 2013노1629
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

For six years to the person against whom the attachment order is requested.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (1) misunderstanding of facts as to the Defendant’s case A) and the respondent for an attachment order (hereinafter “Defendant”).

(B) Although the victim’s house lives, there was no fact that the victim’s chest or kis, as stated in the facts charged in this case, was indecent act by compulsion, and the victim testified that no indecent act by compulsion was committed by the defendant at the court of original instance. Nevertheless, the court below rejected the victim’s testimony at the court of original instance and rendered a guilty judgment on all the charges of this case based on the victim’s statement in an investigation agency without credibility. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment. (B) The sentence of the court of unfair sentencing (two years and six months of imprisonment, and five years of disclosure of information) by the court of original instance is too unreasonable.

(2) Since it is insufficient to prove that the Defendant committed the same crime as the instant facts charged, it is difficult to recognize that the Defendant was in danger of recidivism of a sexual crime.

Nevertheless, the judgment of the court below ordering the attachment of an electronic tracking device against the defendant is unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination:

A. We examine ex officio determination on the part of the defendant's case (1) whether the disclosure order ordered by the court below ex officio prior to the judgment on the grounds for appeal on the part of the defendant's defendant's case.

Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009) (wholly amended by Act No. 10391, Jul. 23, 2010) is also the same content as Article 3(4) of the Addenda to the former Infant Protection Act (wholly amended by Act No. 10391, Jul. 23, 2010).

According to the above, the Act on the Protection of Juveniles from Sexual Abuse (Act No. 7801) was enforced at the time of each crime of this case.

“Law No. 7801” is called “Law.”

arrow