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(영문) 부산고등법원 (창원) 2015.08.26 2015노198

아동ㆍ청소년의성보호에관한법률위반(준강제추행)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the crime of paragraph (1) of the judgment of the court below based on the misunderstanding of facts, although the Defendant did not return to making soup in order to find out the lost mobile phone, the Defendant did not commit so, but did not have committed so by force, and the court below found the Defendant guilty of all of the facts charged. Thus, the judgment of the court below is erroneous in the misapprehension of facts and adversely affecting the conclusion of the judgment. 2) Since the Defendant was under the influence of alcohol at the time of each of the crimes of this case, and thus, the Defendant was in a state of mental disability, and thus, the punishment should be mitigated.

3) The sentence sentenced by the lower court on unreasonable sentencing (one-year imprisonment and four-year imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The court below's legitimately adopted and examined the defendant's assertion of mistake of facts, legal principles, facts and circumstances recognized by the rules of evidence, ① it is difficult for the victims to find that there was an error of law presented by the precedents in the course of specifying an offender by wearing an electronic device, smelling, raising, etc. ② there is no circumstance to suspect the credibility of the victim's statement in light of the general standards for determining the credibility of the statement made by the victims as victims, and there is no reason to suspect the credibility of the victim's statement in light of the circumstance, contents, and process of the victims' statement, and the general standards for determining the credibility of the statement made by the victims of sexual assault. ③ The crime committed by the defendant's own indecent act is recognized as having continuity because it is similar to the last indecent act committed by the defendant and the method or contents of the crime recognized by the defendant, ④ The defendant stated to the effect that it is recognized as a substitute for this part of the charges, and it is difficult to find any circumstances to suspect the credibility of the statement.