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(영문) 대구고등법원 2015.10.08 2015노372
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant has no sexual intercourse or threat with the victim, and the victim was not aware of the fact that the victim was a juvenile.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

C. Unfair disclosure and notification orders issued by the lower court that orders the Defendant to disclose and notify the Defendant’s personal information for three years is excessively harsh to the Defendant.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport as this part of the grounds for appeal, and the lower court rejected the Defendant’s assertion on the grounds that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant, by force, may not only have sexual intercourse with a juvenile who was under the age of 19, but also have been aware of the fact that the victim was a juvenile under the age of 19, or at least

(1) The victim consistently stated the fact that he/she had sexual intercourse with the victim by taking advantage of his/her organization violence from the investigative agency to the court below’s trial. The victim had sexual intercourse with the victim by taking advantage of the awareness that he/she could have repaid it. If a person who did not directly experience the content of his/her statement, it is very specific to the extent that it is difficult to express it, and no other motive or special circumstance exists that the victim would make a false statement

(Evidence No. 1, 139). (2) According to the statement in the medical certificate issued by the victim visiting Daegu Medical Center following the date when the victim suffered sexual assault, it is recognized that he/she suffered a physical wall bid (fl, gl, gl, gl, gl, gl, gl, gl, gl, gl, gl, gl, gl., g., g., g., g., g., g., g., the victim

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