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(영문) 광주고등법원 (제주) 2015.07.15 2015노21
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The judgment below

The part of the defendant's case shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order 1) misunderstanding of facts, misunderstanding of legal principles, Defendant and the respondent for an attachment order (hereinafter “Defendant”).

(2) The lower court’s sentence of unfair sentencing (five years of imprisonment and 80 hours of sexual assault treatment program) is too unreasonable. The lower court’s sentence (five years of imprisonment and 80 hours of order of sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence is too unfasible that is unfair, and it is unreasonable to dismiss the Defendant’s request for an attachment order of an electronic tracking device.

2. Ex officio determination on the part of the defendant's case

A. The summary of the facts charged was that the Defendant, as the probane of the victim C (n, 9 years of age) from around 2011, expressed the victim’s direct desire to take care of the victim being treated due to the symptoms of nitrogen and breathitis, and continued to talk with the victim’s negative part, resulting in the victim’s failure to resist against indecent act.

Above April 2013, the Defendant

5. At the same time, in one’s room located in S. S. S. at P. S. on Saturdays, the victim committed an indecent act by force by inserting TV together with the victim in one’s own room and by inserting it into the victim’s panty panty, wherein TV was accumulated above the victim’s own side, and by spreading his sexual organ into the victim’s body and making the victim reach the victim.

B. The prosecutor charged the above charged facts with the charge according to Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

The crime charged by a prosecutor is established when a person who is a relative by assault or intimidation commits an indecent act by force. It includes not only an indecent act after a person makes it difficult to resist by assault or intimidation, but also an indecent act in itself.

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