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(영문) 대전고등법원 (청주) 2015.10.29 2014노232

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles as to ① Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) against the victim E, there was no fact that the said victim’s chest was fright due to his/her finger, and the Defendant, a student, cannot be viewed as an indecent act against the victim’s lower part of his/her arms in the purport that the above victim’s mistake was a tree. ② On December 2, 2012, in the case of violation of the Act on the Protection of Children and Juveniles against the Victim from Sexual Abuse (Rape, etc.) against the victim F, the lower court did not err by putting the victim’s knebbbs in kne in kne and knebs as described in the facts charged, and did not write the victim’s knebbbs in kne in kne and kne in kne, and did not write the victim’s knebbs over 2 to 3 twice in 2013.

B. Prosecutor 1) When the Defendant inflicts an injury on the victim F, the lower court’s sentence of unfair sentencing is too uneasible and unfair. 2) The lower court’s sentence of unfair sentencing is unreasonable.

2. Determination:

A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, an indecent act against the victim E constitutes an act that objectively causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus, infringes on the victim’s sexual freedom. Whether it constitutes such an act is a violation of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such an act, circumstances leading to such act, specific form of conduct, and the objective situation surrounding the act, and the sexual moral sense of the times.