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(영문) 광주고등법원 2013.11.28 2013노425
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
Text

The judgment below

The part of the request for attachment order shall be reversed.

The person against whom the attachment order is requested shall track the location for 20 years.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") (1) misunderstanding of facts as stated in the judgment of the court below 2-B, C, and D.

항 기재 일시장소에서 자고 있는 피해자의 가슴을 만진 사실은 있으나, 잠에서 깬 피해자의 반항을 억압하고 피해자의 음부를 핥은 사실은 없으며, 나머지 원심 판시 범죄사실과 같이 피해자를 추행하거나 간음한 사실이 없다.

(2) The sentence imposed by the court below on the defendant (the sentence No. 1-A, the sentence No. 1-2, the sentence No. 1-3, the sentence No. 1-3, the sentence No. 5, the sentence No. 1-3, the sentence No. 1-3, the sentence No. 5, the crime No. 5, the sentence No. 1-2

B. (1) The prosecutor (1) the sentence imposed by the court below on the defendant is too unjustifiable and unjust.

(2) In light of the following: (a) the Defendant committed a sexual crime from the time when the victim got the victim to have committed the crime; (b) while committing the crime against the victim, the Defendant committed the same veterinary act against the victim; and (c) even during the suspended execution period, the Defendant is likely to recommit the sexual crime against the victim, in light of the fact that the commission of the crime against the aircraft was discovered and the crime against the victim is still being committed.

2. Determination on the part of the defendant's case

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 may have sexual intercourse, indecent act, rape, or indecent act against the victim who was in a state of failing to resist as stated in the facts charged in the judgment below. Thus, the Defendant’s above assertion is without merit.

(1) 피해자는 “4학년 4월쯤에 처음으로 삽입하기 시작했고”, “4학년 8월에 엄마 돌아가셨을 때 성관계를 했고”, “5학년 여름방학 때 삼촌 집에 놀러갔을 때 가슴 핥고 생식기 핥고”라는 등 피고인으로부터...

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