beta
(영문) 대전고등법원 2018.03.16 2017노488

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the period of five years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

가. 사실 오인 피고인은 피해자 C에 대해서는 배에 입술을 대고 바람을 부는 행동을 하고, 배꼽 아래쪽을 한 차례 만진 것일 뿐 가슴과 복부 사이를 혀로 핥거나 팬티 속에 손을 넣어 음부를 만진 사실이 없고, 피해자 E에 대해서는 철봉에 올려 주고 철봉 위에서 돌려줄 때 엉덩이에 손이 닿은 것은 사실이지만 팬티 안으로 손을 넣어서 엉덩이를 만진 사실은 없다.

In addition, the defendant only committed the above acts because the victims were her son and female, and did not have the intention of forced indecent acts.

B. Even if the court below's sentencing is found guilty, the sentencing of the court below (the completion of sexual assault treatment programs with three years and forty hours of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of the facts constituting the crime indicated in the lower judgment based on the following circumstances, etc.

A) The victims have clearly stated the facts and circumstances before and after the injury as stated in its reasoning, and thus, it is difficult to readily dismiss the credibility thereof.

B) At the time, the Defendant also recognized the fact that the Defendant was able to bring the victim into the front part of the victim’s breath as the victim’s c with the wind and with the wind of the victim’s c, and that it was an indecent act that infringes on the victim’s sexual self-determination. The sole fact recognized by the Defendant is sufficient to deem the Defendant as an indecent act that infringes on the victim’s sexual self-determination freedom.

C) In addition, the Defendant also acknowledges the fact that the victim E’s her son is contacted.

2) In addition to the following additional circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below on various circumstances, the defendant's relationship with the defendant and the victims, and on the day of the instant case.