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(영문) 서울고등법원 2012.12.28 2012노3480
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Judgment on the appeal by the defendant

A. According to the appellate brief submission period and the record, the Defendant filed an appeal without stating the grounds for appeal against the lower judgment. On November 5, 2012, the Defendant lawfully served the notification of the receipt of the trial records from this court, but did not file the appellate brief within 20 days from the submission period of the appellate brief.

However, since the defendant's defense counsel has the following arguments through the application period for the statement of grounds for appeal and the grounds for appeal filed after the appeal, it shall be viewed ex officio.

(1) Of the criminal facts stated in the judgment below, with respect to the attempted rape on July 2009 and the part concerning indecent act by force of a policeman on August 15, 2009, the defendant was not in the domicile of H at the time when he was involved in the crime, and there was no attempt to commit rape by assault and threat to the extent that the defendant would make it impossible or considerably difficult to resist the victim, and there was no indecent act by force, and the defendant did not commit any indecent act by force while carrying out other criminal facts, and Article 8-2 of the former Act on Special Cases Concerning the Punishment of Sexual Crimes and Protection, etc. of Victims of Victims of Sexual Crimes (Act No. 10258, Apr. 15, 2010) was deleted under Article 5 (10) of the Addenda of the Act on the Protection, etc. of Victims of Sexual Crimes (Act No. 10258, Apr. 15, 2010). Therefore, the part concerning the violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims of Sexual Crimes shall be acquitted.

d. The sentence of the court below is too unreasonable.

However, as the prosecutor also filed an appeal on the grounds that the sentence against the defendant is too minor, the court below's sentencing is too excessive.

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