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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 서울고등법원 2012.11.15 2012노2254
아동ㆍ청소년의성보호에관한법률위반(강간등)등
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant committed the instant crime after hackinging the Internet ID and password of the Defendant, the lower court found the Defendant guilty of the facts charged was erroneous in misapprehending the legal doctrine.

B. The court below erred by misapprehending the legal principles as to Article 314 of the Criminal Procedure Act, which held that C and F are missing solely on the basis of the location detection report on the victim C and witness F’s domicile on the resident registration card, and recognized the admissibility of the police and prosecutor’s protocol and the police’s protocol on the F.

In light of the victim C's age is 16 years of age and the victim's own finding and sexual intercourse with the defendant, it cannot be recognized that the defendant committed assault and intimidation to the extent that the victim could not resist or make it considerably difficult at the time of committing the crime. Thus, the court below found the defendant guilty of rape, in violation of the misapprehension of legal principles as to the crime of rape.

C. Considering the circumstances on the defendant's unfair sentencing, the sentence imposed by the court below (six years of imprisonment) is too unreasonable.

2. Determination

A. From the end of July 2011, the Defendant: (a) had become aware of the Victim C while conducting hosting with the NAN, the Internet hosting site from the end of July 201; and (b) threatened the Victim with spreading personal information of the Victim or threatening his/her family members to inflict harm on the Victim; and (c) after having the Victim enter the victim into the 2nd male toilet of the 2nd male toilet of the 2nd commercial building on September 4, 201, the Defendant raped the Victim once from the victim on September 4, 2011, and (b) the same year.

9.6.1

9.8. Using the function of sending the NAN to the end of August, a message containing the content that the victim seems to inflict bodily harm on the victim’s family or body.

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