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(영문) 서울고등법원 2015.11.12 2015노1907
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

The part of the defendant's case against the defendants is reversed.

Defendant

A Imprisonment for six years, and Defendant B.

Reasons

The court below sentenced the defendants to the judgment of conviction and to dismiss the prosecutor's request with respect to the case for which the request for attachment order was filed, and only the defendants appealed. Thus, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit of appeal with respect to the part for which the request for attachment order was filed, the part for which the request for attachment order was filed is excluded from the scope of the judgment of this court, and the part for

Summary of Grounds for Appeal

Defendant

A In the statement of grounds of appeal submitted to this court, the Defendant alleged misconception of facts as to the crime No. 1 - the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.). The Defendant’s defense counsel submitted in the statement of grounds of appeal to this court

Although the defendant and his defense counsel asserted a mistake of facts against the crime of violating the Act on the Protection and Support of Missing Children, etc., they withdrawn each such mistake of facts on the date of the first trial of the party.

Criminal facts No. 2-A of the judgment below.

Paragraph - When the defendant moves to a b, C, victimO, and N with respect to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, if the defendant turns to a b, C, and B, as the victim's statement, he/she only turns to the victim's chest and negative part for 10 minutes, if the defendant turns to the victim's chest and the negative part for 10 minutes, he/she cannot witness it immediately next to the victim. Thus, the victim's statement is not reliable.

Therefore, the judgment of the court below which found the defendant guilty as to this part of the facts charged is erroneous.

Criminal facts No. 2-B of the judgment below.

Paragraph - Defendant B, C, VictimO, and N, together with regard to offenses of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact, etc.).

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