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(영문) 서울고등법원 2020.02.20 2019노2274
성폭력범죄의처벌등에관한특례법위반(특수준강제추행)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

, however, the defendant.

Reasons

Summary of Grounds for Appeal

Defendant

A The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

In light of the age, character and conduct of Defendant A, and the details of the instant crime, it is unreasonable for the lower court to issue an employment restriction order to Defendant A, since the risk of recidivism is low, while the disadvantage caused by the employment restriction order is very high.

Since Defendant A committed an indecent act with the victim at the time of the commission of an indecent act by force, it is sufficiently recognized that Defendant A committed an indecent act by force jointly with Defendant C, etc. on the part of this part of the facts charged.

Nevertheless, the court below rendered a not guilty verdict on the part concerning Defendant A among the facts charged of this case, and found Defendant A guilty only on the charge that Defendant A committed an indecent act by force, which is included in this part of the facts charged, and there is an error of

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

Defendant

As to B, in full view of the fact that the victim stated consistently from the investigative agency to the court below, that he was indecent act from three persons, and that the accomplice C stated in the investigative agency and the court of the court below that “the defendant B saw her her her son at the time of the instant case,” and that “the defendant B her her son was to go to the victim,” the part concerning the defendant B among the facts charged in the instant case can be fully convicted.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

The summary of the facts charged concerning each prosecutor's assertion of mistake of facts (the point of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) shall be as shown in the attached

The judgment of the court below on the part of the facts charged against Defendant B.

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