(영문) 서울고등법원 2013.05.03 2012노3524 | 리걸엔진

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(영문) 서울고등법원 2013.05.03 2012노3524

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. On the day of the case of mistake of facts, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) found the bicycle and returned to the park, the victim was marbling with the Defendant, and the victim was able to take the hand of the victim and be seen as his guardian, and there was no indecent act against the victim.

B. The Defendant was in a state of mental disability due to the maur alcohol dependence and the state of drinking on the day of the instant case, where the Defendant was in a state of mental disability due to the maur alcohol dependence and the state of drinking.

C. The sentence imposed by the court below on the defendant (two years and six months of imprisonment, 40 hours of order to complete sexual assault treatment programs, and 5 years of disclosure and notification of information) is too unreasonable.

2. Determination

A. According to the lower court’s witness F and E’s legal statement on the argument of mistake of facts, it can be acknowledged that the Defendant: (a) at the time of the crime of this case, the Defendant, who was in the C Station Park at the time of the crime of this case, told the Defendant, and, as F et al., got injured by the Defendant; and (b) he was aware of the victim who was in the Defendant’s left side of the victim’s seat; and (c) the Defendant asked a male who was in the aftermabbbbbbbbbbbbbbbbs, and asked the victim to leave the Defendant. Furthermore, according to the victim’s mother’s I’s legal statement as the victim’s mother, the Defendant did not have the same seal as the Defendant asserted at the time; and (d) the above witness did not have any surrounding money even when he was in the victim’s view after hearing the awareness of this case; (c) the above Defendant’s assertion is rejected. According to the Defendant’s mental diagnosis of mental disorder of mental disorder of the Defendant.

유사 판례

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