(영문) 서울고등법원 2014.06.13 2014노958 | 리걸엔진

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(영문) 서울고등법원 2014.06.13 2014노958

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등

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The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six years.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged on October 21, 2013, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) did not rape the victim, and even if the level of the charge remains at the degree of indecent act by compulsion, the lower court convicted the Defendant of the facts charged by mistake.

B. The sentence imposed by the lower court on the Defendant (seven years of imprisonment) is too unreasonable.

C. Unfair assertion of the period of disclosure and notification order is unfair because the court below ordered the defendant to disclose or notify the seven-year period. D.

The court below's improper assertion of the period of attachment order is unfair because the period of attachment order of an electronic tracking device for 20 years ordered to the defendant is too long.

2. Determination

A. As to this part of the judgment on the assertion of mistake of facts, the court below found the victim guilty on the part of the "judgment on the argument of the defendant and the defense counsel", based on the following: (a) the victim has consistently stated the fact of damage in the investigative agency and the court below; (b) the date and time of the victim's initial statement has passed since the date and time of damage occurred; (c) the date and time of damage is specified accurately; (d) the victim's diagnosis contents of sexual assault victim's statement investigation and analysis expert on sexual assault victim's statement; and (e) the contents of the victim's statement analysis expert on sexual assault victim's statement on the victim's statement, and (e) the victim's statement on the victim'

B. The instant case is deemed to have committed an indecent act or sexual intercourse against the Defendant, on five occasions, on the grounds that the Defendant committed an indecent act or sexual intercourse with the Defendant on the part of the primary school student. The only crime itself is the gravity of the crime, and the victim seems to have shown a very significant mental impulse, such as thinking about the death of the Defendant.

유사 판례

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