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(영문) 서울고등법원 2013.10.11 2013노2583

아동ㆍ청소년의성보호에관한법률위반(강간등)

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The prosecutor's appeal is dismissed.

Reasons

1. With respect to the facts charged in this case, the defendant made a left turn to the right, and the defendant's hand was at the close of the defendant's body, and the defendant's hand was contacted with the victim's bucks, but the victim's statement about the damage is consistent, the victim's statement about the damage was not cut off to the right (the side of the defendant) unlike the defendant, the defendant could have knife or knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

2. Determination

A. On January 2, 2013, the Defendant: (a) discovered the victim G (the age of 17, and female) who was seated on the right side of the road when he was on the E Station near the E Station located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 12:30 on January 2, 2013; (b) made it difficult for the Defendant to resist the victim by putting the victim’s knife his knife into the victim’s knife; and (c) prevented the victim from resisting; and (d) committed an indecent act by force against the child or juvenile by making the victim’s knife’s knife’s knife and knife part of the knife.

The victim discovered the time, place, and side fucks of the port, and there was a sudden desire to do so, and the victim's bucks and negative parts of the victim's bucks were used to commit indecent acts against children and juveniles by using the state of her failure to resist.

B. The lower court determined that the bus was set to the reading room at the time of “the bus was set to the reading room, but the number of 5 to 6, and the size of the bus was set to the five to 6.