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(영문) 광주고등법원 2015.06.18 2015노205

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant alleged a mistake of facts while viewing the instant festival, committed an indecent act by force, the lower court acquitted the Defendant on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse on the ground that it is difficult to view the Defendant’s act as an assault as a crime of indecent act by force.

Therefore, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence on the assertion of unreasonable sentencing (1.5 million won of fine) is too unfluent and unreasonable.

C. It is improper for the court below to exempt the defendant from issuing an order to disclose or notify personal information, even though there are no special circumstances to prevent the defendant from disclosing or notifying the defendant's personal information.

2. Determination

A. On October 11, 2014, the summary of the facts charged is as follows: (a) the Defendant: (b) committed an indecent act by force against a juvenile on the part of the victim C (the victim 15 years old) seeking the exercise of the “7080 shock festivals” on the road near the National Bank located in Geumnam-gu, 219, Geumnam-gu, 201; (c) the lower court, based on the evidence adopted and examined by the lower court; (d) the lower court, based on the evidence, sought that the victim would be “the father of the victim” on the road; (d) the victim was 15 to 20 persons before the victim was aware of the game; and (e) the victim was s/he was s/she behind the victim’s missing; and (e) the victim did not see that he/she was s/he was s/ she but did not have any s/ she had any s/ her sent.