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(영문) 서울고등법원 2020.01.30 2019노630
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing against the Defendant and the person against whom the attachment order was requested or the person against whom the probation order was requested (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) Of the judgment of the court below on the erroneous determination of facts as to the acquittal portion of the Defendant’s case, the victim B (a name, woman, C, and hereinafter “victim”) concerning the facts charged in the Defendant’s case.

(2) The lower court acquitted the Defendant of this part of the facts charged on the ground that it is difficult for the lower court to believe the Defendant’s statement in the lower court’s investigative agency to have high credibility, and that the Defendant’s statement in the lower court, which reversed it, is difficult to believe in light of the relevant evidence. Nevertheless, the lower court acquitted the Defendant of this part of the facts charged on the grounds that it is difficult to believe the Defendant’s statement in the investigative agency. In so doing,

On the other hand, the court below dismissed the request for the attachment order of this case and the request for the probation order of this case, and it is deemed that the prosecutor appealed against a prosecuted case pursuant to Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

2. We examine ex officio the above grounds for appeal by the defendant and prosecutor.

Article 29-3(1) of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018; hereinafter “Child Welfare Act”) provides that a person who was sentenced to punishment or medical treatment and custody for committing a child abuse-related crime shall not be able to operate the facility or institution (hereinafter “child-related institution”) or provide employment or actual labor to the child-related institution, and uniformly stipulates that a person shall not be able to provide its operation, employment or actual labor (hereinafter “employment restriction period”).

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