(영문) 서울고등법원 2017.05.30 2017노67 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2017.05.30 2017노67

아동ㆍ청소년의성보호에관한법률위반(유사성행위)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The court below found the defendant not guilty on the facts charged in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and found the defendant guilty on the facts charged in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a fraudulent act, etc.) related to the crime. The defendant only appealed and appealed the judgment below, and the prosecutor did not appeal the part not appeal the aforementioned reasons, and thus, the part of the defendant's acquittal was transferred to the trial court in accordance with the indivisible principle of appeal, but this part was already exempted from the object of the attack and defense between the parties and was in fact withdrawn from the object of the trial, so this court cannot determine the part (see Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010, etc.). Accordingly, the court below's decision on the part of the non-guilty verdict is without merit.

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of four years and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

3. The Defendant committed the instant crime by doing the act of taking the victim, who is a 14-year-old student, who believed himself/herself, such as having the victim come to his/her own house and drink, and gathering his/her fingers through force. The Defendant committed the instant crime in light of the relationship between the Defendant and the victim, the number of crimes, etc., and the nature of the crime is very poor.

Moreover, after committing the instant crime, the Defendant got sexual assault from the Defendant by false means from the victim’s friendship, worship, etc. entering the above Kapet, etc.

In other words, it is true that the victim does not know that he or she is able to drink and that he or she does not know about it.

참조판례

-대법원 2004. 10. 28. 선고 2004도5014 판결

-대법원 2010. 1. 14. 선고 2009도12934 판결

유사 판례

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-대구지방법원 2016.05.27 2016노736