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(영문) 서울고등법원 2015.07.24 2015노676
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for six years.

. against the Defendant.

Reasons

Summary of Grounds for Appeal

There is no mistake of facts concerning the part of the defendant's case and misapprehension of legal principles, nor the person who requested an attachment order (hereinafter referred to as "defendant") that the victim C has sexual intercourse with the victim C with the intention of sexual intercourse, or committed an indecent act against the victims with the intent of

Nevertheless, the court below convicted the victims of all the remaining facts charged in addition to the injury acknowledged by the defendant among the facts charged in this case by reliance on each of the victims' statements that are not reliable due to the lack of consistency and the conflict of testimony of other witnesses.

The court below erred in the misapprehension of legal principles as to the determination of credibility of the victim's statement.

The sentence of imprisonment (seven years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Notwithstanding the fact that the defendant does not pose a risk of recommitting a sexual crime, the lower court ordering the defendant to attach an electronic tracking device is unreasonable.

Judgment

As to the assertion of mistake of facts and misapprehension of legal principles on the part of the defendant's case, the defendant asserted the same purport as this part of the appeal.

The court below rejected the defendant's argument in detail under the title "the judgment on the defendant's argument". The court below rejected the above argument.

It is true that the circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victims’ statements were somewhat inconsistent in the time they were committed or committed a crime under this part of this Act, the order or father of the crime, and the accurate frequency of the crime. However, the victims are only 11 to 16 years old at the time of the crime. This part of this part of this case begins from the time of the crime to the time of the statement at the investigative agency or the court of original instance.

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