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(영문) 서울고등법원 2014.02.21 2013노3790
아동ㆍ청소년의성보호에관한법률위반(준강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

one electric set (No. 4), seized,

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (A) were not aware that the victims were children and juveniles at the time of committing the instant indecent act. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) did not recognize that the victims were children and juveniles at the time of committing the instant indecent act.

B) The lower court’s sentence of unreasonable sentencing is too unreasonable and unfair. 2) It is unreasonable to order the Defendant to attach an electronic tracking device, even though the Defendant was not at risk of recidivism of sexual crime.

B. Prosecutor 1) The sentence of the lower court on the part of the Defendant case is too unfilled and unreasonable. 2) The period for the attachment order of the lower court on the part of the case claiming the attachment order is too short and unreasonable.

2. Determination

A. On August 6, 2013, from around 03:50 to 04:40 the same day, the Defendant alleged that this part of the facts charged is different from the victim E (the 16-year old age), and the victim F (the 17-year age old age), under the influence of alcohol in the “Dental” located in Gyeonggi-gu E, Gyeonggi-do, the victims of this case, and (1) the victim E, under the influence of alcohol, and under the victim E and under the influence of the victim E, the victims of this case were 1 to 2 times and under the influence of the victim E, and the victim E were 1 to 6 times, and the victim was her panty, followed by the victim’s panty, and the victim was her humb, and the victim was her humf and her humb, and the victim was her humd with the victim’s humf and the victim’s humb, respectively.

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