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(영문) 대구고등법원 2020.07.23 2020노105
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the case of larceny at night due to mental and physical disorder, Defendant 1 committed an act under the state of weak mental and physical disability by taking drugs and drinking drugs on the day of the instant case. 2) Punishment sentenced by the lower court of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) In the case of a misunderstanding of facts and a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (competence between deceptive schemes, etc.), the credibility of the victim’s statement is high, and in full view of the remaining evidence, the Defendant has sexual intercourse with the victim by exercising force. The lower court acquitted the Defendant of this part of the facts charged is unreasonable. 2) The sentence imposed by the lower court

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical disorder, it is recognized that the Defendant was in a state of taking medicine due to depression or fluence symptoms at the time of the crime of larceny, but did not have the ability to distinguish things at the time of the crime in light of the circumstances of the crime, means and methods, and the Defendant’s behavior before and after the crime.

It is not recognized that there was or was a weak state.

The defendant's above assertion is without merit.

B. On March 17, 2018, the summary of this part of the facts charged is as follows: (a) the Defendant did not see the Defendant’s assertion of mistake of facts and misapprehension of the legal doctrine; and (b) the Defendant did not see the Defendant’s proposal as “the Defendant, while drinking together with 16 years of age, while drinking together with 16 years of age.”

Linn's pether test was sold and sold.

It is also possible to drive a sexual traffic vehicle.

Many of them enter prisons, juvenile reformatoriess, or juvenile reformatories.

Sexual assault has been unsatisfyed due to insufficient evidence.

The release was made in February of this year.

The phrase "the victim was frightened by drinking."

After that, the Defendant from around 04:00 on March 18, 2018 to 05.

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