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(영문) 서울고등법원 2013.06.21 2013노1407

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. 1) The part of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (hereinafter “Defendant”) was committed by the Defendant and the respondent of the attachment order (hereinafter “Defendant”) against the victim D with the phrase “Isker, fright,” and brought the victim’s hand against the Defendant by bringing the victim’s hand.” There is only the victim’s hand, and there is no fact that the victim’s hand in the Defendant’s part of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes only caused the victim’s sexual intercourse by putting the victim’s hand inside the Defendant’s hand, and there is no fact that the Defendant committed indecent act by force.

B. The Defendant’s imprisonment (four years of imprisonment) declared by the lower court on the ground of unfair sentencing is too unreasonable.

2. Determination

A. In the judgment of the court below as to a mistake of facts, the defendant argued the same purport as the above reasons for appeal, and the court below rejected the above argument in detail with the argument of the defendant and his defense counsel in the judgment "the judgment as to the defendant and defense counsel's assertion". A thorough comparison with the evidential materials, the judgment of the court below can be justified, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.

Therefore, the defendant's ground for appeal cannot be accepted.

B. The instant crime on the assertion of unfair sentencing appears to have been committed by the Defendant on the grounds that the Defendant committed an indecent act by force by force on his own sexual organ or conspiracy against the children of five years of age playing in the Neow by force on his own sexual organ or conspiracy, and that the Defendant committed an indecent act in order to meet his own sexual organ or conspiracy, and that the Defendant committed an indecent act against the children to grow mentally and physically and physically.