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(영문) 서울고등법원 2013.12.06 2013노2978
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the defendant’s case, and regarding the case for which the attachment order is requested, the part of the judgment of the court below regarding the case for which the attachment order is requested is already determined and excluded within the scope of the trial of the party.

2. The summary of the grounds for appeal (e.g., imprisonment and six years) of the lower court’s sentence against the Defendant is too unreasonable.

3. Judgment ex officio on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

A. While the defendant and his defense counsel admitted sexual intercourse against the victim's will and led to the confession of the facts charged, the court ex officio examines the following: (a) the defendant and his defense counsel stated that assault or intimidation in rape is an issue of assessment (in the original court, it does not rape by making it impossible to resist the victim due to fact or assault or intimidation; or (b) the defendant's intimidation, such as "influence," is recognized, but it is doubtful that the defendant's "influence," etc. is not a threat against the victim's will to the extent that it is impossible to resist the victim's will).

B. Around 17:00 on October 2, 2012, the Defendant: (a) 17:00, at the public toilets of the second floor of the sing room in Ansan-si, the second floor of the public toilets in the members of Ansan-si, the Defendant: (b) dumped the victim D (hereinafter “victim”); (c) dump the door into the toilet column; and (d) dump the victim “if he knows there are other pets, fump, fump, fump, fump, fump; hereinafter dump.”; and (c) dump the victim’s name by inserting the victim’s mouth into the part of the victim.”

C. The lower court’s judgment.

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