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(영문) 부산고등법원 2015.07.15 2015노57
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. Paragraph (1) of the crime committed by the defendant 1 by mistake of facts in the original judgment

(g)and (h);

In the same way, rape of the victim was true, but no other crime was committed as stated in the facts charged.

Therefore, facts constituting the crime No. 1 of the judgment below

(g)and (h);

Although innocence should be pronounced on the facts charged except for the facts charged, the lower court erred by misapprehending the facts and thereby finding the whole guilty of the facts charged.

2) The sentence imposed by the lower court of unreasonable sentencing (one hundred years of imprisonment, etc.) is too unreasonable and unfair. B. Prosecutor 1) The sentence imposed by the lower court of unfair sentencing is too unreasonable and unfair.

2) As to the Defendant for whom a request to attach an attachment order was made, the lower court erred by misapprehending the legal doctrine or dismissing the Defendant’s request to attach an attachment order, even though the risk of recidivism is recognized in light of the risk assessment of recidivism and the characteristics of the juvenile counterpart sexual assault.

A. Criminal facts No. 1 of the judgment of the court below

(a).

E. As to E. (1) The summary of the facts charged is as follows: (a) at the Defendant’s place of residence located in Ulsan-gu, U.S., U.S., U.S. on the date of “2012.”, the Defendant: (b) at the Defendant’s place of residence in U.S., the Defendant, along with the victim (as at that time, 11 years old); (c) at the victim’s place of obscene motion pictures, the Defendant was placed in the victim’s side; (d) placed the victim’s chest into the victim’s side; (e) continued to keep the victim’s finger into the victim’s part; and (e) cut off the victim’s her part and panty with the victim’s hand; and (e) brought the Defendant’s hand out of the Defendant’s panty and did not resist the victim’s body; and (e) rape the Defendant’s sexual organ into a minor victim under 13 years of age, who is related to the victim’s side.

B) The Defendant is a victim (the 11 years of age at the time) who was inside the Defendant’s place of residence above the date of 2012.

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