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(영문) 광주고등법원 2016.01.07 2015노445
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The judgment of the court below is reversed.

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

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles 1) As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act), the Defendant did not suppress the victim’s resistance by preventing the victim’s (her husband and wife, and 13 years old at the time) from leaving a bridge on his/her bridge.

B) At the time of the instant case, the victim was a middle student, but did not engage in conspiracy, and the Defendant was aware of whether the growth of the victim was delayed. As such, the Defendant was aware of the victim’s negative mind.

2) Since the victim expressed his/her intention not to have his/her punishment explicitly against the defendant in the first instance trial as to each of the violence, each of the facts charged should be ruled dismissed in accordance with Article 327(6) of the Criminal Procedure Act.

3) Therefore, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment, which found all of the facts charged in this case guilty.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment, four years of suspended execution, and forty hours of order to attend a course) is too unreasonable.

2. Determination

A. As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s summary of his/her factory room was the following: (a) on August 8, 2013: (b) on the family of the Defendant’s wife in Seo-gu, Seo-gu, 101 Dong 1514, the Defendant: (c) on the part of the Defendant’s wife, her his/her his/her his/her his/her his/her his/her his/her wife was locked by inserting his/her left arms into the center of the head of the victimized person; and (d) suppressing his/her resistance in such a way as to prevent the injured person from leaving his/her bridge on his/her bridge; and (e) her her her her her her her panty car was put into the victim’s panty; and (e) repeatedly, the Defendant, a child or juvenile victim, by assaulting the victim to put the victim into his/her her body, such as sexual finger, etc.

2) Determination f.a.

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