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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전고등법원 2013.10.30 2013노383
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) Fact-finding that there was a physical contact, such as the charge No. 1, but did not go against the victim’s will, and there was no assault or intimidation to the extent that it was difficult for the victim to resist. 2) There was no physical contact, such as the charge No. 2 and No. 3.

Even though it is not against the will of the victim, there was no assault or intimidation to the extent that it is difficult for the victim to resist.

B. The lower court’s sentencing (two years and six months of imprisonment, 40 hours of sexual assault treatment program, and 3 years of disclosure and notification order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is from around 2003, the Defendant is the victim’s shesheshes in a de facto marital relationship with D, the mother of the victim C (the age of 20).

1) On September 2012, the Defendant, at the house of the Defendant located in Seo-gu, Daejeon, Seo-gu, Daejeon around September 2012, she was divingd by getting out in order of the Defendant, D, and victim. On February 20, 2013, the Defendant continued to carry out the victim’s her frighting surgery by exposing his hand over the body above D, and having the victim her hand her hand, and the victim her hand her was her hand. The Defendant, on the back of the Defendant’s frighting place, her hand, her hand her son, and her hand her hand her hand her hand, her hand her hand her the victim’s son and her hand her hand her hand her was forced to commit an indecent act. 2) Article 2(2) of the facts charged, the Defendant, on February 20, 2013, she forced the victim to her hand her his hand her hand her hand.

3. On February 26, 2013, the Defendant under the charge of paragraph (3) of Article 3 of the facts charged, while leaving a television at the inside of the above Defendant’s office around February 26, 2013, she was faced with the victim’s own alcohol and her chest.

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