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(영문) 서울고등법원 2014.03.21 2013노4000
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested an attachment order (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “Defendant”) are not specifically identified in the facts charged in the instant case, which are non-specific facts charged. 2) Defendant and the person who requested the attachment order (hereinafter “Defendant”).

(B) Around March 2012, at E elementary school around March 2012, 2012, the fact that the Defendant was the victim and the victim were at the E elementary school, but this was under agreement with the victim, and there was no intimidation or coercion of the Defendant (the crime No. 1 in the following part of the A). B) around August 2012, the Defendant only kis only under mutual agreement and did not commit the act of attempted sexual intercourse under the above E elementary school.

(C) On August 2012, the Defendant did not have any fact between G apartment 113 and the lower part of G apartment 113. Therefore, there is no fact that the Defendant attempted to commit the act of similarity to the victim (hereinafter the crime No. 1-B). Around August 2012 and around August 2012, the Defendant had a sexual intercourse with the victim at the Defendant’s home, but there was no intimidation or coercion by the Defendant as agreed with the victim.

(2) The sentence imposed by the court below of unfair sentencing on the defendant is too unreasonable. (3) The sentence imposed by the court of unfair sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, a prosecutor shall change the name of the crime in a trial into “violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similarness), and Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act),” and Article 7(1), (6) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11290).”

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