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(영문) 서울고등법원 2018.08.30 2018노701
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B Imprisonment with prison labor of 5 years and 6 months and fine of 300,000 won.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s assertion of misunderstanding the facts of Defendant B naturally agreed with G without exercising any power, and did not have a sexual relationship with K.

G and K’s legal statements in each court below are not reliable.

However, the lower court erred by misapprehending the fact that all the charges against G and K were found guilty, thereby adversely affecting the conclusion of the judgment.

B. The victim J asserting that the prosecutor's mistake of each of the facts against Defendant C and D was sexually leaptable, the damage statement can be different in specific parts.

It is unreasonable to view the credibility of the victim's statement differently for each defendant.

The situation itself is the threat of the victim's force.

However, there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that the court below acquitted Defendant C and D.

(c)

Defendant

B The sentence sentenced to Defendant B at the lower court’s improper assertion of sentencing (the imprisonment of 6 years, fine of 300,000 won, and sexual assault treatment program of 80 hours) is too unreasonable and the amount of the sentence is unreasonable.

(d)

The prosecutor's each sentence imposed on the defendant B and A (the two-year imprisonment, the suspended execution of the three-year imprisonment, and the lecture for treating sexual assault) in the court below's unfair argument of sentencing against the defendant B and A is unreasonable, and the amount of each sentence is too low and thus, the amount of each sentence is determined unreasonable.

2. Determination

A. As to Defendant B’s assertion of mistake of facts, the evidence duly admitted by the lower court as to the crime against Defendant B’s victim G is acceptable, and the following circumstances are further acknowledged in the judgment of the lower court, which is not more than KRW 9 of “1. Defendant B’s assertion as to the part of the crime against victim G and its determination.”

In full view of these circumstances, the defendant had sexual intercourse with the victim G by force.

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