logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2019.09.26 2019노182
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be seven years of imprisonment.

Sexual assault, 80 hours against the defendant.

Reasons

The abstract of the grounds for appeal shall be considered only to the extent of supplement in case of supplemental appellate briefs not timely filed by a defense counsel.

Paragraphs 1 and 2-A of the decision of the court below of mistake of facts.

With respect to each of the facts charged in paragraphs (1) and (3), since it is around December 2014 that the victim commenced part-time at a factory operated by the defendant's company, the facts charged in this part of the charges are false.

In this regard, the victim's statement from around 2013 that he/she got part-time from the defendant's factory is not reliable in light of the fact that the victim's statement about the work is different from the fact at that time.

No. 2-b. of the decision of the court below;

C. With respect to each charge described in paragraphs (1) and (4), each sexual intercourse, etc. recorded in the court below, is made with payment and agreement.

In light of the fact that the statement made by the victim at the time of sexual assault has been made several times the statement that the victim may be deemed to have threatened or failed to assault the victim at the time of the victim's sexual act, and that the statement analysis expert who analyzed the victim's police statement has presented the opinion that "it is impossible to determine whether the content of the statement was based on the actual experience", there is no credibility.

Therefore, although each of the facts charged in this case is deemed to fall under a case where there is no proof of crime, the court below found the defendant guilty by mismisunderstanding the facts.

The punishment sentenced by the court below on unreasonable sentencing (eight years of imprisonment, etc.) is too unreasonable.

According to Article 59-3 of the Act on Welfare of Persons with Disabilities (Act No. 15904), which was amended on December 11, 2018 and enforced on June 12, 2019, sexual crimes against children and juveniles defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, or sex crimes against children and juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow