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(영문) 부산고등법원 2016.08.10 2016노345

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

가. 피고인 1) 사실 오인 주장 피고인은 강제 추행의 고의가 없었고, 피해자의 엉덩이를 만진 것이 아니라 길을 비켜 달라며 엉덩이 부분을 툭 쳤을 뿐이다.

2) The sentence of the lower court’s sentence (2 million won in penalty, etc.) that declared unfair in sentencing is too unreasonable.

B. Prosecutor 1) In full view of the fact-misunderstanding or misunderstanding of the legal doctrine (the part concerning the acquittal of the reasoning of the judgment below), the victim of the instant crime was 16 years of age, and the victim was suffering from the school uniforms at the time, and the part where the Defendant concealed was the part of the victim’s tam, which was the part of the victim’s tam, the Defendant could sufficiently recognize the fact that the victim was a child.

2) The sentence of the lower court’s rulings that are unfair in sentencing is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, the lower court determined that the Defendant’s act constitutes an indecent act and the Defendant’s act is sufficiently recognized in full view of the following: (a) the victim stated consistently from the investigative agency to the court of the lower court to the effect that her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her at the time of committing the crime; (b) the victim and F expressed her her her her her her her her her her her her her her her her her her

The decision was determined.

2) The crime of indecent conduct by force of judgment on the party includes not only cases where the other party commits an indecent act after the other party makes it difficult to resist by assault or intimidation, but also cases where the body of the person of assault is regarded as an indecent act.