(영문) 서울고등법원 2018.01.18 2017노1867 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2018.01.18 2017노1867

아동ㆍ청소년의성보호에관한법률위반(준강간)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested an attachment order (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “victim”) directly operate a computer from April 29, 2016 to 02:00 on the same day to 03:30 on the same day, at the time when the victimized person was quasi-rapeed, and did not engage in sexual intercourse with the victim by taking advantage of the victim’s non-opable condition.

2) In April 2016, the Defendant did not commit an indecent act against the victim by taking advantage of the victim’s non-abstinence status.

3) Nevertheless, the lower court convicted all of the charges of this case on the grounds of the statement of the victim without credibility. The lower court erred by misapprehending the facts.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. Part 1 of the case concerning the defendant's assertion that the defendant's mistake of facts was identical to that of the above facts in the court below, and the court below rejected the above assertion by giving a detailed statement on the decision.

In light of the circumstances revealed by the lower court and the evidence duly adopted and examined by the lower court, the lower court’s determination is justifiable. As such, the Defendant’s aforementioned assertion by each of the Defendants 10 and 12 acts is without merit (Provided, That each of the Defendants 6, 10 and 12 acts in the lower court’s judgment shall be “h, 11 acts,” and “h, 12 acts,” and “h, 18:14:27 acts “h, 15 acts,” and the J shall send “h, 15 acts,” and “h,” and “h, 19:14:27 acts,” and it is evident that “h, 19:27 acts,” and it is not consistent with the purport of Article 25(1) of the Regulations on Criminal Procedure to the effect that the Defendant’s statement by the victim was not consistent with the Act on the Protection of Juveniles against Sexual Abuse (the method of the Victim’s Violation of the Act on the Protection of Children from Sexual Abuse).

참조조문

-형사소송규칙 제25조 제1항

유사 판례

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