(영문) 서울고등법원 2014.12.04 2014노1770 | 리걸엔진

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(영문) 서울고등법원 2014.12.04 2014노1770

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

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The defendant's appeal is dismissed.

Reasons

1. The first instance court rendered a judgment dismissing the prosecutor’s request regarding the case prosecuted against the accused, while rendering a judgment of conviction regarding the case claiming an attachment order, and the Defendant appealed only against this, and thus, there is no benefit of appeal regarding the case claiming an attachment order.

Therefore, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, the part of the judgment of the court of first instance regarding the application for attachment order is excluded from the scope of the judgment of this court, and only the part of the judgment of the court of first instance concerning the defendant is within the scope of the judgment of this court.

2. The summary of the grounds for appeal is that the defendant has sexual intercourse with the victim C (the 12 years of age) who is a shelshel’s care, but has not committed sexual intercourse with the victim by taking advantage of the victim’s mental disorder, the victim’s mental disorder, or the state of difficulty to resist.

3. Determination

A. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the first instance court, the first instance court rejected all of the arguments of the Defendant and his defense counsel on the ground that the Defendant could have committed the same crime as the facts charged, and found the Defendant guilty of all of the facts charged.

(1) The injured party shall be able to hold his/her fingers in front of the clothes under the supervision of the room every night, she shall be able to hold his/her breasts every day at the investigative agency.

Last, she shall be removed, she shall be removed, and then she shall be placed in a scarcity and a scarcity in a scarcity.

(수사기록 제28, 38, 46쪽). 제가 옆으로 쭈그려 누운 자세로 자고 있었는데 아빠가 저를 똑바로 눕게 한 다음 올라 탔어요

(No. 49 of the Investigation Record). When inserting a missing sexual flag into the sexual flag, it is necessary that he/she is Myanmar with more than the amount of the son's sexual organ in the sexual organ.

Megical part has been abnormal.

1.3 1.0 1.0 2.0

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

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