(영문) 서울고등법원 2016.05.03 2016노457 | 리걸엔진

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(영문) 서울고등법원 2016.05.03 2016노457

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

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Defendant

In addition, both the appeal filed by the respondent A, the defendant B and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. On June 2012, the Defendant and the claimant for the attachment order (hereinafter the Defendant Company A) committed the instant crime, even though the Defendant did not have committed the instant crime, and the Defendant A was not guilty of having committed the instant crime even though the Defendant Company A and the mother of the victim, who was the mother of the victim, first met with the victim E, and became aware of the victim’s contact around June 2, 2015 while living with the victim around February 2, 2013, while the victim was living with the victim.

Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misapprehending the facts.

2) The lower court’s sentencing against Defendant A, who was improper in sentencing, is too unreasonable.

B. The lower court’s sentencing against Defendant B is too unreasonable.

(c)

1) Comprehensively taking account of the evidence submitted by the prosecutor by the prosecutor of the facts, even though Defendant A could sufficiently recognize the fact that Defendant A had sexual intercourse with E, a child or juvenile under the influence of alcohol by taking advantage of an impossible state of resistance on April 16, 2015, the lower court acquitted the Defendant of this part of the facts charged. The lower court erred by misapprehending the facts.

2) The lower court’s sentencing against Defendant A, who was improper in sentencing, is too uncomfortable.

3) Although Defendant A, who was unjustly accused of the attachment order, committed a sexual crime against a person under the age of 19 and committed a sexual crime on two or more occasions, and the recidivism risk is recognized, it is unreasonable for the lower court to dismiss the request for the attachment order of this case.

2. Determination

A. Part 1 of the case of the defendant 1) Comprehensively admitted the evidence duly adopted and examined by the court below as to the defendant 1's assertion of mistake of facts as follows: ① The victim was sexually abused from the defendant 2, who was a friendship with the victim, and sexual assault from the fraternity.

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