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(영문) 광주고등법원 2013.06.27 2013노168
미성년자의제강간등
Text

The part concerning Defendant I and B among the judgment of the court of first instance and the judgment of the court of second instance shall be reversed, respectively.

Defendant

I shall be sentenced to three years of imprisonment.

Reasons

1. Defendant D

A. A. A summary of the grounds of appeal (1) misunderstanding of facts (the part concerning a minor’s constructive rape in the judgment of the court of first instance) by the defendant, while the court below acknowledged that the defendant had sexual intercourse with the victim N one time between the police officer on June 1, 2012 and the first police officer on July 2012, the defendant merely included his/her finger in the victim’s negative part, and there was no fact that he/she inserted his/her finger in the victim’s negative part.

The punishment sentenced by the court below on unfair sentencing (two years of imprisonment for a maximum term, one year and six months) is too unreasonable.

(2) The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.

B. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, namely, the victim N, as consistent from June 2012 to the lower court’s court court court’s trial, and consistently, the victim N was found to have committed a sexual intercourse with the Defendant by inserting his/her lower judgment after cutting off his/her lower judgment, and inserting his/her boom and inserting his/her sexual organ into a mixed sea. The Defendant stated the Defendant’s sexual intercourse with the Defendant. In so doing, the lower court did not err by misapprehending the legal doctrine on the facts charged, on the grounds that the victim did not have any special motive or reason to believe that the victim was guilty of sexual intercourse between June 6, 2012 and July 13, 2012.

C. The Defendant has sexual intercourse with a female under 12 years of age, or committed an indecent act by force against a female under 16 years of age, and recommended a child under 12 years of age to sell her gender.

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