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(영문) 수원지방법원 2016.09.08 2016노3391

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

In the process of raising a child by neglecting his or her father, there is no intention of indecent act as stated in the facts or facts charged that the defendant made a physical contact at the level of patriotic expression, such as misunderstanding of facts (the violation of the Child Welfare Act (the coercion of the child's sexual harassment, etc.)).

Nevertheless, among the facts charged in the instant case, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding a guilty guilty of violating the Child Welfare Act (hereinafter “Child’s sexual harassment, etc.”).

In light of the circumstances that may be considered in light of the circumstances leading to the instant crime of unfair sentencing, the lower court’s sentence imposing orders to complete sexual assault treatment programs with three years and 80 hours of imprisonment is too unreasonable.

In light of the fact that the nature of the instant crime is not very good, and that the victim C suffers a big mental shock and pain due to the instant crime, and that the Defendant did not seem to at all reflect the Defendant’s attitude of denying the instant crime, the lower court’s sentence is too unreasonable.

Judgment

In full view of the legislative purpose of the Child Welfare Act and the basic ideology of the Child Welfare Act and the contents of the relevant provisions, sexual abuse prohibited under the Child Welfare Act refers to sexual harassment, etc. that causes a sense of sexual shame to a child, which may harm the child’s health and welfare or impede the normal development of the child, and whether it falls under such act, the specific circumstances, such as the offender and victimized child’s intent, gender and age, whether the victimized child has the ability to properly exercise his/her sexual self-determination right, sexual values and judgment to the extent that the victimized child has the ability to exercise his/her sexual self-determination right, the relationship between the offender and the victimized child, the background leading up to the act, the form of the act

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