(영문) 광주고등법원 2013.09.05 2013노261 | 리걸엔진

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(영문) 광주고등법원 2013.09.05 2013노261

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The statement of the victim of misunderstanding of facts is without credibility. On March 22, 2012, the victim took a certain time to use the course of the course of the course of the course of the course of the course of the victim attending the G middle school after the E elementary school where the victim was employed, who was unable to learn from the luminous to the luminous from the luminous to the luminous to the luminous to the luminous to the luminous to the luminous to the luminous to the G secondary school. On March 22, 2012, the victim took a

3. In light of the fact that it is natural to view that the Defendant had sexual intercourse with the victim within five days after the Defendant had transferred the victim at the time indicated in the facts charged, which was at the time when he did not grasp the personal status of the victim, much more than the lower order, and it is difficult in light of the empirical rule to recognize that the Defendant had sexual intercourse with the victim.

Therefore, the judgment of the court below that found the defendant guilty is erroneous in violation of the rules of evidence.

(2) The lower court’s sentence of unreasonable sentencing (five years of imprisonment, 40 hours of sexual assault treatment program, and 6 years of information disclosure and notification) is too unreasonable.

B. The prosecutor (1) the lower court’s sentence is too unjustifiable and unjust.

(2) It is unreasonable for the court below to dismiss the request for attachment order even if it is recognized that the defendant's improper rejection of the attachment order pose a risk of repeating sexual crimes

2. The defendant case;

A. The circumstances indicated by the lower court regarding the Defendant’s assertion of mistake of facts are as follows. In other words, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., the ship owner of the victim’s school, the investigative agency and the lower court: “The victim, while playing together with the victim at the E Elementary School playground on December 12, 2012, i.e., the victim, while playing along with the victim, i.e., the victim’s “unconsected” at the front place of the lecture, i.e., drinking water.

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