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(영문) 부산고등법원 (창원) 2019.02.12 2018노270
청소년의성보호에관한법률위반(청소년강간등)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.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the guilty part of the original judgment (related to the victim F)) are limited to one time of sexual intercourse with the victim F, and the Defendant did not commit the crime as stated in the instant facts charged. In light of the content and attitude of the said victim’s statement, deliberation and behavior, etc., no credibility is found in the victim’s statement. 2) The punishment (five years of imprisonment, etc.) sentenced by the lower court to the Defendant is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (the part not guilty (related to the part not guilty (related to the victim B) in the original judgment) is specific and consistent, and thus, it is sufficiently recognized that the defendant committed an indecent act by force against the above victim in light of the defendant's status and the victim's special circumstances, etc.

3) It is unreasonable for the lower court to dismiss the request for the attachment order of this case even though there is a risk that the Defendant would recommit a sex offense.

The Prosecutor of this Court shall provide that the Prosecutor of this Court shall

B. (1) While maintaining Paragraph (1) as the primary charge, the primary purpose of the amendment of the indictment for which the prosecutor filed an application for the amendment of the indictment containing the following facts in the name of the crime, "Violation of the Child Welfare Act (compact No. 8006)," "Article 40 subparagraph 2 and Article 29 subparagraph 2 of the former Child Welfare Act (Act No. 8006)," and "Article 29 subparagraph 2 of the former Child Welfare Act (Act No. 8006)" in the applicable provisions of the Act, is that a sex crime recorded in the existing charge at the time when the victims were children under the Child Welfare Act constitutes a violation of the Child Welfare Act by sexual abuse

Therefore, the contents of the ancillary charges added are now surrounding.

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