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(영문) 대구고등법원 2014.10.30 2014노358
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for three years.

except that this judgment.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, there was a fact that the phrases and phrases operated by the defendant claiming the misunderstanding of facts or misunderstanding of legal principles by the person subject to the request for an attachment order (hereinafter referred to as the "defendants") and body of the victims are inconsistent with each other, or some physical contact was made to have victims returned home, but there was no fact that the victim's her her her her her her her her her her part, such as the crime, or that there was no fact that the her her her her her her her her

Even if the facts charged of the instant case are found guilty, in light of the background leading up to the instant crime, etc., the sentence imposed by the lower court against the Defendant (three years of imprisonment) is too unreasonable.

In light of the contents of the instant crime, etc., the sentence imposed by the lower court against the Defendant is too uneasible and unfair.

In light of the fact that the Defendant operates a warning point and the victims of the instant crime are all children, the lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant, despite the recognition of the risk of recommitting a sexual crime, is unlawful.

Judgment

As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles regarding the part of the Defendant’s case, the Defendant also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the grounds that “The issues of the instant case are whether the victims’ credibility is recognized, and the following circumstances acknowledged by the evidence duly admitted and investigated by the court below can be acknowledged, such as the statement of each criminal facts in the judgment of the Defendant.”

① When investigating the police, the victim G was taken away from the place of 'frighten points' and frightened, but the Defendant was married.

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