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(영문) 대전고등법원 (청주) 2012.11.22 2012노176
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) failed to put the Defendant’s sexual organ into the victim’s sound book, thereby committing rape.

B. The Defendant asserts that both parties’ assertion of unfair sentencing is unfair on the grounds that the lower court’s punishment (a prison term of six years, 40 hours’ order to complete sexual assault treatment programs, and 10 years’ order to disclose information) is too unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneasible and unfair.

2. Determination

A. In full view of the circumstances acknowledged by the court below in light of the evidence duly adopted and examined by the defendant's assertion of mistake of facts, the victim made a statement at an investigative agency that "I am off the defendant's bat," stating that "I am bather" was inserted into the part of the victim's sexual organ, "I am bat. I am bat", and the defendant tried to continuously put the defendant's sexual organ into the part of the victim's sexual organ for about 10 minutes at the prosecutor's office, the defendant saw that I am a fixed amount in the victim's clothes, and that all the charges of this case were led to the confession of the defendant's sexual organ at the time of the crime of this case.

Therefore, the judgment of the court below that judged that rape had been completed is just and the defendant's assertion of mistake is not justified.

B. It is recognized that the Defendant’s assertion of unfair sentencing is against each other, and the Defendant was under the influence of alcohol at the time of the instant crime, and that there was no record of sexual crime before the instant crime was committed.

However, the crime of this case is a way to teach students with a mind to rape among women who had a bus departure time between them.

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