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(영문) 대전고등법원 (청주) 2018.07.12 2018노35

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the misunderstanding of the legal doctrine (as to the conviction part of the judgment below), separately punishs “sexual harassment” under the Child Uniforms Act, whether the case constitutes “comprehion” under the Act on the Protection of Children and Juveniles against Sexual Abuse should be strictly determined. In determining whether there was a forced indecent act at a place open to the public at a low time, the victim’s statement should have sufficient credibility.

In light of the above legal principles, it is difficult to view that all of the facts charged in this part of the facts charged reached “the conduct of prosecution” beyond “sexual harassment,” and each statement of the victims, which served as the basis of conviction, has credibility to the extent sufficient to avoid the Defendant’s assertion of innocence.

shall not be deemed to exist.

Nevertheless, the court below convicted the victims of this part of the charges based on their statements that are not recognized credibility. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2) In the case of this part of the facts charged (as to the guilty part of the judgment of the court below), there was no intention to commit an indecent act against the defendant when seen in light of the body parts of the victims who contacted the defendant, or the circumstances at the time, and the statements made by the victims are not consistent or inaccurate, or they cannot be understood in accordance with the empirical rule, and therefore, credibility

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

3) The sentence sentenced by the lower court (two years of imprisonment, three years of suspended execution, etc.) is too unreasonable.

B. Whether the act constitutes an indecent act stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined on the basis of whether the general average person causes sexual humiliation or aversion.