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(영문) 서울고등법원 2014.08.26 2014노738
간음유인등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court (two years and six months of imprisonment) is too unreasonable.

B. As to the inducement of sexual intercourse and attempted rape, which are the primary charges of the instant case by the public prosecutor, the first instance court acquitted the Defendant of all the charges of inducing sexual intercourse and attempted rape, even though it is evident that the Defendant had the intention to rape in light of the consistent statement of the victim, the circumstances leading to the instant crime, and the situation at the time of the crime, etc.

2. Judgment on the prosecutor's assertion

A. The summary of the facts charged in the instant case 1) On August 6, 2013, at around 17:30, the Defendant: (a) discovered a victim who had passed several hundred thousand meters away from the location of D, and had the victim enter the house of D, thereby inducing the victim to enter the house of D, thereby inducing the victim for the purpose of sexual intercourse; (b) in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor rape under the age of 13 years), the Defendant did not interfere with the victim’s body by putting the victim on the bend line; and (c) tried to get the victim to walk the victim’s body without going through the victim’s clothes, breast, fry, and frighting the victim and resisting the victim; and (d) tried to get the victim to walk the victim’s body without going through the victim’s 5 minutes away.

B. The first instance court’s determination is the victim, who is all the circumstances acknowledged by considering the evidence at the time, i.e., the victim’s chest and her butt her part of clothes, and walk her part of her part of the body.

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