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(영문) 서울고등법원 (춘천) 2016.01.20 2015노133

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

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The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

The summary of the grounds for appeal (misunderstanding of facts) (1) The Defendant: (a) requested students of the English Private Teaching Institutes operated by him/her (hereinafter “private teaching institutes of this case”) to marize the body weight with the victim F while dialogueing on his/her body weight; and (b) he/she became aware of it following the request; (c) however, in May of the same year, he/she was hypted with the victim F, such as the victim F’s statement, and the chest was never hypted.

(2) On May 27, 2014, the Defendant found the Defendant guilty of the charge of misunderstanding the fact that the Victim G was in the instant private teaching institute, even though her son or her son’s son’s son’s son or her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

The Prosecutor’s sentence of sentence (15 million won) by the lower court is too weak, and the Defendant’s notification of disclosure of personal information is unlawful despite the risk of recidivism.

Judgment

The summary of the facts charged and the summary of the judgment of the court below are as follows: ① the defendant committed an indecent act by force by force against the victim G (at the same time, 10 years of age) at the private teaching institute of this case in May 2014, when the latter part of the victim F (at the age of 12) who was enrolled in the private teaching institute of this case, and when the victim she saw her two arms, the victim her chest her chest her chest her clothes in the above clothes (hereinafter “instant facts charged”); ② from 15:00 to 17:30 of the same month of the same month, the victim she she she was sexually committed by force on one hand at the same place (hereinafter “the instant facts charged”), and ③ on the same day of the same month, the victim she committed an indecent act by force by force against the victim her chest her own her chest at the same time at the same time (hereinafter “the instant facts charged”).

The court below is consistent with the main part of the victim's statement explaining the defendant's act.