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(영문) 대구고등법원 2017.07.13 2017노123

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

With respect to the charge of indecent act on April 12, 2016 and April 25, 2016 among the facts charged in the instant case by the prosecutor of the summary of the grounds for appeal on the part of the Defendant (as to the acquittal part of the reasoning in the judgment below), the Defendant committed the instant indecent act in a planned manner against the victims who are children and juveniles in the bus, and did not commit an indecent act by taking advantage of the general characteristics of the concentration place.

Nevertheless, the court below acquitted the charged facts of this part of the Act on the Protection of Children and Juveniles against Sexual Abuse, and convicted the Defendant of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) included in the charged facts. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Defendant

In light of the various sentencing conditions of the instant case, the sentence imposed by the lower court (the completion of a sexual assault treatment program for a period of one year and six months, 80 hours, and the disclosure and notification of information for a period of three years) is too unreasonable.

Judgment

On April 12, 2016, the summary of this part of the facts charged against the prosecutor’s assertion of mistake of facts or misunderstanding of legal principles, the Defendant passed H in G at around 07:30 on April 12, 2016.

During the 399 urban bus riding, the victim I(n, 17 years old), who is a child or juvenile, had the victim's body tightly committed an indecent act by forcing the victim's I(n, 17 years old). After the victim's body, the victim's her her her her her her her her her her her, and the victim's her her her her her her sens

On April 25, 2016, the Defendant passed three-distances from K University in the Sinsan-siJ around 07:25 on April 25, 2016.

During the 990 urban bus riding, the victim F (n, 15 years of age) who is a child or juvenile was forced to commit an indecent act in the same manner as the above paragraph (1).

The lower court determined that the lower court: (a) the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant was considerably long-term (victim I: approximately 20 minutes; and (b) the Victim F.