logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.07.12 2018노384
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a mistake of fact did not forcibly commit an indecent act against the victim on or around December 201, and around December 2014.

On April 9, 2017, the Defendant: (a) asked the victim who was shouldered with “dre” several times; and (b) agreed that the victim did not have any separate reaction.

I think about the similar sex acts.

After a similar sexual act, the Defendant did not injure the victim or display the victim a food.

On June 28, 2017, the Defendant, without the intent to harm the victim’s body, reputation, etc., shall report to the victim a letter to the victim.

The victim's statement is not reliable in light of the circumstances of attempted suicide of the victim, the relationship between the defendant and the victim, etc.

Unlike the above, the court below erred by misunderstanding the fact that the defendant believed the victim's statement and found him guilty of the facts charged, which affected the conclusion of the judgment.

B. The sentence of the lower court’s wrongful assertion of sentencing (the imprisonment of six years, and the completion of 200 hours for sexual assault treatment programs) is too unreasonable, and the amount of the sentence is determined unreasonable.

2. Determination

A. According to the evidence duly admitted by the lower court and the appellate court as to the assertion of mistake of facts, the various circumstances recognized in the “2. Determination” in the part of the “determination on the Defendant and the defense counsel’s assertion” not exceeding 7 pages of the lower judgment are just and acceptable, and the following circumstances may be additionally acknowledged.

Comprehensively taking account of these various circumstances, each of the facts charged in this case is proved without reasonable doubt, and thus, the defendant's assertion on this part is not accepted.

(1) On June 28, 2017, the victim attempted suicide on June 28, 2017, and attempted to commit suicide on June 28, 2017.

statement.

Since April 9, 2017, the victim told that he was a man-child-gu that he was fluor of suicide impulses, as well as that on May 19, 2017, the victim told M to the effect that "I would like to use it for dwarf and fluor, so that I would prevent it from doing so."

Such a statement.

arrow