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(영문) 수원고등법원 2020.02.13 2019노509
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding and misunderstanding of legal principles do not mean that the Defendant exercised power against the victim.

There is no defendant's attempt to engage in similarity or sexual intercourse with the victim.

The facts charged No. 2-D

Since 2014, the date of the crime described in paragraph was 13 years of age or older at the time.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, on the basis of the statement of the victim without credibility.

B. The lower court’s sentence of unreasonable sentencing (eight years of imprisonment, forty hours of order to complete a sexual assault treatment program, and five years of employment restriction order) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion of misunderstanding of facts and misapprehension of legal doctrine in detail, on the ground that the Defendant alleged the same purport as the grounds for appeal of this case, and on the ground that the lower court stated the Defendant’s assertion and its judgment in detail.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim made an obvious statement from the investigative agency to the court of the court below to the effect that “the defendant attempted to put his fingers into the victim’s sound book, and the victim attempted to put the Defendant’s sexual organ into the court of the court of the court below,” and ② the victim stated in the investigative agency that “the date and time of the crime described in subparagraph d. of Article 2-2 of the Facts of the Public Prosecution is the first or second grade of the elementary school before the middle school’s entry into the court of the court of the court below,” and the court of the court of the court below also stated that “the date and time of the crime described in subparagraph d. of Article 2-2 of the Facts of the Public Prosecution shall be memory for the 2013-year elementary school, which is the 6th grade of the court of the court below

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