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(영문) 서울고등법원 2013.07.11 2013노846

아동ㆍ청소년의성보호에관한법률위반(강간등)

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The prosecutor's appeal is dismissed.

Reasons

1. In full view of the victim’s statement and circumstances after the crime, etc., the judgment of the court below which acquitted the Defendant of the facts charged in this case, but acquitted of the facts charged in this case.

2. The Defendant, at around 08:00 on June 25, 2012, posted the instant facts charged, along with the victim D (n, 13 years old) who entered school uniforms at the bus stops in front of the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon.

The Defendant had been able to commit an indecent act against the other victim by booming booming the rest of the bus at the time when the attendance time and the attendance time overlap, put the left hand under the victim’s bucks after the victim’s bucking, and put the hand between both bucks.

In the same way, juvenile victims were forced to commit indecent acts.

3. Determination

A. In full view of all the following circumstances, the lower court acquitted the Defendant on the ground that it is difficult to deem that the instant facts charged were proven beyond reasonable doubt.

(1) Even based on the victim’s statement, the Defendant posted his hand after the victim’s subsequent statement as stated in the facts charged.

It does not repeat the victim's deduction, but it was caused by the victim's bucks that the losses incurred by the defendant in front of the victim were caused by the victim's bucks. However, it is not clear that the victim is also aware that the victim was guilty that the victim committed an indecent act by reporting the victim's horses and actions.

(2) Also, even when considering the location and height of the Defendant and the victim who are observed in CCTV images, it is not clearly confirmed that the Defendant seems to have taken a natural attitude that seems to have taken part of the victim’s legs for a considerable period of time between the victim’s legs.

Therefore, booming expenses have physical contacts such as the damage caused by the defendant's bags in the bus and contact with the victim's bridge.