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(영문) 서울고등법원 2016.05.19 2016노329
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for two years.

However, for a period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant, as described in the judgment of the court below, did not have attempted to engage in sexual intercourse by assaulting the victim and by force, as stated in Section 1-B of the judgment of the court below, and 1-C of the judgment of the court below.

There is no threat to the victim, such as the statement in the subsection.

2) The sentence sentenced by the lower court to Defendant A (long-term 2 years, short-term 1 year and 6 months) is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment sentenced by the lower court to Defendant B (two years of imprisonment) is too unreasonable.

(c)

The prosecutor (unfair sentencing)’s sentence imposed by the court below on the Defendants is too unfasible and unfair.

2. Determination

A. Defendant A alleged to the same effect as the grounds for appeal in this part of the judgment below as to whether Defendant A was erroneous or not.

In full view of the circumstances in the judgment, the court below held as follows: ① Defendant A, as stated in the judgment, tried to have sexual intercourse with the victim by putting the victim's chest against the victim's will, as stated in the crime No. 1-b., Defendant A, by hand, raising the victim's chest, and putting the victim's finger by deceiving the victim's her hand with the victim's her hand, and inducing sexual intercourse with the victim; and the exercise of such tangible power constitutes "a threat of force" as provided for in the crime of violation of the Act on the Protection of Children from Sexual Abuse (e.g., deceptive means), and ② Defendant A's criminal facts as stated in the judgment.

At the time of the crime, Defendant A and the defense counsel’s assertion were denied on the following grounds: (a) the victim, at the time of the crime, deemed that “if he refuses to exercise the right of defense, he shall be bit bit bit bit bit bit bit bit bit bit bit.” (b) the victim prepared to do so with governance matches, “we can b

In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law which affected the conclusion of the judgment by misunderstanding the facts.

Therefore, this part of the defendant's assertion is justified.

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