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(영문) 광주고등법원 (전주) 2018.10.05 2018노76
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) The victim alleged that the injured person was not in a state of resistance impossible to resist was involved in memory at the drinking house and entered the Moel and it is not good that the injured person belongs to the defendant while entering the Moel.

the term "water" means that water will not be drinking;

In light of the foregoing, the victim did not have any resistance at the time of the instant case.

2) The Defendant alleged that there was no intention of quasi-rape. Although the victim did not explicitly consent to the sexual intercourse, the intention of the deliberation of the family council was grounded on the victim’s consent, and there was no intention of quasi-rape.

3) The Defendant alleged to have attempted to have his/her sexual organ inserted in the victim’s sound book, which was voluntarily suspended.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment, three years of suspended sentence) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352, Jan. 16, 2018 and enforced as of July 17, 2018, where a court declares a punishment for a sex offense or a medical treatment and custody, it shall, by judgment, issue an order to prevent a child or juvenile-related institution from operating such institution, etc., or from providing employment or actual labor to a child or juvenile-related institution, etc. (hereinafter referred to as "restricted period for employment") for a certain period from the date on which the execution of such punishment or medical care and custody is completed or suspended or exempted (hereinafter referred to as "restricted period for employment"): Provided, That where the risk of re-offending is significantly low or there are other special circumstances under which employment should not be restricted.

order of employment restriction may not be issued if such order is determined

The clause 2 of the same article provides that the period of employment restriction shall not exceed 10 years.

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