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(영문) 서울고등법원 2019.08.29 2018노3124
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준유사성행위)등
Text

The judgment of the court below is reversed.

In the case of the crimes of Articles 1 through 3 in the judgment of the defendant, the crimes of Articles 4 through 6 in the judgment of the defendant shall be sentenced to 9 years.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case: (a) A of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the name of the crime against this part of the charge was changed to “violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the minor under thirteen years of age)” in accordance with the amendment of the indictment at the trial; and (b) in relation to the fact of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the crime No. 1 in the judgment of the original instance), the victim D (the name of the victim; hereinafter referred to as “victim”) was listed above the body of the defendant and the person subject to the request for the attachment order (hereinafter referred to as “the defendant”); (c) the Defendant was sealed by the victim, but the Defendant’s hand was in contact with the body of the victim, but there was no fact that the Defendant intentionally collected the victim’s fingers.

B) In relation to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Crime 2 in the Judgment of the court below), the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under the age of 13), and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Relatives) (Crime 3 in the Judgment of the court below), there is no fact that the Defendant has sexual intercourse with the victim at the time and place stated in the relevant criminal facts, and there is no fact that the Defendant has sexual intercourse with the victim (Crime 4 in the Judgment of the court below) after 2014, but there is no fact that the Defendant has sexual intercourse with the victim at the time and time stated in the relevant criminal facts (Crime 5 in the judgment of the court below). Nevertheless, the court below found the Defendant guilty of all the charges (hereinafter “instant criminal facts”).

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