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(영문) 대전고등법원 2017.10.13 2017노232
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) In relation to the charge of larceny (crime No. 1 of the facts stated in the judgment below), it is indicated as a victim on the whole criminal facts for the convenience of the victim.

Considering that C(17 years of age) is highly likely to have stolen money voluntarily to the defendant who he knows, the victim's statement is not reliable, and the evidence alone submitted is insufficient to recognize the guilty of this part of the crime.

No defendant has committed a larceny.

2) In relation to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the injury caused by confinement among special areas (Article 2 of the facts constituting the crime in the judgment below), since the Defendant’s assaulting the victim was sexually related to the assault and sexual intercourse between two hours before the victim was sexually related.

Considering the fact that it is impossible to do so, and that the defendant has sexual intercourses with the victim several times before and after the case, he has threatened the victim with the intention of rape.

It is difficult to see it.

In light of various circumstances, such as the fact that the victim had sufficient time to report through his cell phone or G during the period of confinement stated in the facts charged and the defendant had a lot of opportunity to flee from the defendant, etc., the victim detained the victim.

shall not be deemed to exist.

The defendant has not committed any crime under this part.

B. The sentencing of the lower court’s unfair sentencing (the completion of a sexual assault treatment program for five years and forty hours of imprisonment) is too unreasonable.

2. Ex officio determination

A. A prosecutor shall change the facts charged in the trial to “from July 15, 2016 to August 6, 2016,” respectively, “from July 22, 2016 to August 07:00” among the first sentence and the last sentence, the part of the charge No. 2 [the injury caused by confinement in violation of the Act on the Protection of Children from Sexual Abuse (compact) and special circumstances] to “from July 15, 2016 to August 6, 2016,” and apply for amendments to the indictment with the content that “from August 22, 2016 to August 6, 07:00.”

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