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(영문) 서울고등법원 2014.01.10 2013노3437

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) had caused the victim who had a slick for a slick frame at the time, and there was only the fact that the victim took a slick with his hand while causing the loss, the lower court found the Defendant guilty of charges by misunderstanding

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same purport as the above reasons for appeal, and the court below rejected the above assertion in detail as the defendant and his defense counsel's assertion in the judgment "the judgment of the defendant and defense counsel's assertion". The judgment of the court below is just in comparison with the evidential materials.

In addition, in full view of the following circumstances acknowledged by the evidence of the court below, i.e., ① the victim-friendly F at the scene of the case presented the victim's opinion that "the defendant sent the victim's right side to the floor of the left hand, sent the victim's hand to the victim's buckbbbbbbbs, and the defendant's hand sent to the victim's bucks, and when she attempted to go to go to the house, she tried to use the victim's left chest by the defendant's hand." (the trial record 56,57 pages), ② the child behavior and statement analysis presented the victim's opinion that the victim's statement on sexual harassment is reliable (the investigation record 142 pages), etc., the court below's judgment is just and there is no violation of law by misconceptioning the facts charged and affecting the judgment.

Therefore, the defendant's ground of appeal is justified.