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(영문) 부산고등법원 2016.05.02 2016노29
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Sexual assault against the defendant for 120 hours.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight years of imprisonment, etc.) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant, the Defendant’s name of the crime in relation to Article 1(c) of the instant facts charged against the Defendant was examined by the Prosecutor, and the Defendant’s name of the crime in relation to Article 1(c) is “violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as Fraudulent Means),” and Article 7(2)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse), and “Article 7(2)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse.”

On September 2010, the defendant violated the Act on the Protection of Children's Juveniles from Sexual Abuse, and the defendant deemed to exist in the inside of the residence of the above defendant on September 2010, as the defendant's assault, etc., and did not refuse such a request and sent out the same to the Dong E of the victim (the age of 14 at that time) who was unable to refuse such request, and the victim stated that "if he is in a relationship with anus, he is well fluent, and once he does not refuse such request."

In the resistance of the rejected victim, the defendant's sexual organ was inserted compulsorily and the victim's act of similarity was committed.

“The part” 3) On September 2010, the Defendant: (a) deemed to exist in the inside room of the Defendant’s residence on the date in F.I.D.; (b) deemed that there was assault, etc. by the Defendant, etc. against the Dong E of the victim (at the time, 14 years old) who was unable to refuse such a demand, and (c) allowed the victim to appear out of the room; and (d) said, the Defendant said that “in the case of an aviation relationship, it is well-known that the victim is a man, a guide once,”

In the resistance of the refused victim, the victim committed an indecent act against the victim by inserting the defendant's sexual organ by force.

‘Application for Amendments to Bill of Indictment' has been filed, and this Court has been permitted to do so and the object of the adjudication has been changed.

On the other hand, the defendant's remaining offenses are committed.

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