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(영문) 대구고등법원 2013.05.29 2012노697
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In the facts charged, the court below found the defendant guilty based only on the victim's statements without credibility, even though the defendant did not have the defendant's fingers or sexual organ in the victim's admission, as stated in the facts charged, and found the defendant guilty. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged and the summary of the judgment of the court below of this case are as follows: "The defendant was a person operating a "D" childcare center operated by the defendant's wife, and the defendant was punished by imprisonment with prison labor for the defendant by recognizing the defendant's guilty without presenting any specific reasons, other than evidence, in addition to this, by inserting his hand and sexual organ into the victim (the third and third years of age) who is the original child of the same childcare center in the toilet of the relevant childcare center, and making use of the victim who lacks communication and judgment ability to resist."

B. Determination 1 of this Court) On April 19, 2012, the victim of the instant case: (a) around April 21, 2012, the day following the day on which the victim’s child care center “D” (hereinafter “child care center of this case”).

(B) In the instant case, G did not refuse to do so, and she told her president who asked her refusal to do so (the Defendant called this toilet from her name to her from her to her, and then put the Defendant into her finger.

Since then, the victim did not go to G more than once before the victim's entry, the president told that he would put him into the entrance, what the G would cause, and that it would be in the pande, and that it would be in the pande, and that it would be re-influencing with the color of the Monson and that it would be re-influencing.

Accordingly, the parents of the victim will follow the child-care center of this case on the following day.

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