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(영문) 광주고등법원 (전주) 2013.11.19 2013노145
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant and the respondent for attachment order against E (hereinafter “Defendant”)

(2) Around April 2011, the Defendant, as recorded in the facts charged, did not commit an indecent act by force against D by force, on his/her hand, when D was locked, he/she was involved in an indecent act against D by force. (2) The Defendant’s indecent act against D, by force, was only on the ground that he/she did not have any fright between D and his/her bridge when D was locked, and that he/she did not commit an indecent act by force against D by force.

B. The lower court’s sentence of unreasonable sentencing (a two and half years of imprisonment, a notice of disclosure of information and communications networks for five years, and an order to attach an electronic tracking device for six years) is too unreasonable.

2. Determination

A. On April 201, the summary of the facts charged (A) as to the Defendant’s assertion of mistake of facts, (1) the Defendant: (a) committed indecent act by force against the victim E by force; (b) around April 201, the Defendant 102, 1412, 102, and 1412, in the vicinity of the elevator around his own house, her wife D and was waiting for a school together with his wife D; (c) the Defendant her chest was placed on the head of the victim E (the age of 12) who was waiting for a school; and (d) the victim’s breast by force by force on the left hand.

(2) Each indecent act by force against the victim D committed an indecent act by force on July 20, 2010: (a) the Defendant committed an indecent act by force on the part of the victim D (the victim 14 years old) who was locked by her hand while taking a look at the inside of 102 Dong 1412, Dong 1412, Dong 102, Dong 1412, and was able to cover her fright at the front city, and committed an indecent act by force on the part of the victim D (the victim 14 years old). (b) around July 20, 201, the Defendant committed an indecent act by force on the part of the part of the victim C (the victim 15 years old) who was locked by her hand at the front city 102 Dong 1412, Jeonsan-gu, Jeoncheon-gu, 200.

B) The lower court’s determination (in relation to the indecent act by force against the victim E, the lower court held that ① the victim was the Defendant at the time of the instant case from the investigative agency to this court, and the place and place of indecent act.

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