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(영문) 서울고등법원 2014.09.26 2014노342
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

The part of the case of the defendant (excluding the part of the application for compensation order) shall be reversed.

Defendant shall be punished by imprisonment for a period of three years and six months.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. The court below rejected the victim's statement that conforms to the facts charged and acquitted the defendant and the respondent for an attachment order (hereinafter "defendant"), which is erroneous in the misapprehension of facts.

B. It is improper that the court below dismissed the defendant's request for attachment order against the defendant.

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

A. On March 23, 2013, the facts charged and the judgment of the court below 1) The Defendant made a false statement to the effect that, around 14:27, 2013, the Defendant: (a) had the victim D (the age of 16) who was aware of while living in the same Dong Dongdong located in Seoul Special Metropolitan City, Nowon-gu; (b) had the victim walked with telephone, “Ne-gu F and his/her male-friendly Gu .............., the Defendant made a statement to the lower court that he/she had sexual intercourse with the Defendant 7 years old-gu ......., the Defendant got in the taxi to the front “Hn's house” located in Seoul Special Metropolitan City Nowon-gu, and, even though the victim called, “I would like to go off,” the Defendant made a statement to the lower court that he/she would have sexual intercourse with the Defendant, who was sexual intercourse with the Defendant.”

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