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(영문) 대구고등법원 2016.05.19 2015노666
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 and the person against whom the attachment order was requested (hereinafter “Defendant”) did not rape the victim on the date and time stated in paragraph 1 of the facts charged, and later sexual intercourse was first sexual intercourse upon agreement with the victim on March 12, 2015.

It is true that the Defendant had sexual intercourse with the victim several times as stated in paragraph (2) of the facts charged. However, the Defendant demanded the sexual intercourse first and requested the victim to have sexual intercourse with the victim who had sexual intercourse with the victim, and the Defendant was able to raise the monthly salary for the victim and purchase the apartment.

purchase of sex is not a purchase of sex.

Nevertheless, the court below found the defendant guilty of each of the charges of this case based on the statement of the victim without credibility. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) Even if the charge of sentencing is found guilty, the sentence of the lower court (seven years of imprisonment) is too unreasonable.

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

2) Although the Defendant’s request for attachment order was likely to repeat a sex crime, it is unreasonable for the lower court to dismiss the Defendant’s request for attachment order against the Defendant.

2. We examine the Defendant’s assertion of mistake of facts.

A. The summary of this part of the facts charged is that the Defendant is a person operating a cafeteria of “C”, and the victim D (Inn, 16 years of age, and Chinese nationality) was discharged from office after working as an employee in the above cafeteria from October 2014. From February 10, 2015 to February 10, 2015, the Defendant was serving in the Defendant’s house located in the 301 building of Daegu-gu building E.

On March 8, 2015, the Defendant: (a) around March 8, 2015, the Defendant, along with the said restaurant, tried to rape the victim under the influence of alcohol by returning to the Defendant’s house and having the victim sleep.

The defendant.

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