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(영문) 서울고등법원 2019.05.09 2019노365
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for fourteen years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant’s case is misunderstanding of facts and the person to whom the attachment order was requested (hereinafter “Defendant”).

(2) The lower court’s judgment stated in the facts of the crime Nos. 2 and 3(c) as indicated in the judgment below, in which the Defendant attempted to insert the sexual flag into the victim’s sound book, and the victim did not refuse to write the body in the victim’s sound book, and did not put the sexual organ into the victim’s sound book at the time stated in No. 3-B of the facts of the crime indicated in the judgment below, and did not put the sexual organ into the victim’s sound book at each of the above dates. 2) The sentence of unfair sentencing (15 years of imprisonment, etc.) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device, even though it is difficult to readily conclude that the Defendant’s part of the request for attachment order is likely to recommit

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the Defendant’s assertion of mistake of facts, the Defendant’s assertion of mistake of facts cannot be accepted, since the Defendant’s act of inserting his sexual organ into the victim’s sound book, such as paragraphs 2, 3-b, and 3 of the facts stated in the judgment below, is not acceptable. A) The victim stated that the Defendant inserted his sexual organ into the victim’s sound book at L as stated below.

(1) In relation to the criminal facts of the judgment below, with regard to paragraph (2) of the crime in the judgment of the court below, the victim: "I am the same as the one which was dried up so far as we had a low sex relationship, and I am the same as the one which was cut off." "I am a word continuously similar.", "I am after being inserted in one sex relationship for a long time," and "I am for a sofarcing, continuously farcing, I am.", and "I am for the first time after being added to the first time and became a little."

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