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(영문) 서울고등법원 (춘천) 2017.09.20 2017노87
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The victim of the misunderstanding of fact finds the Defendant, embar the Defendant’s arms, booms the Defendant, and became aware of the Defendant, and there is no fact that the Defendant used the victim two times over two times, as shown in the facts charged, and leaves the victim at the right side of the victim.

B. The sentence of the lower court (one year of imprisonment and two years of suspended sentence) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake in fact, the victim suffered from the police police that “G hospital was hospitalized in the hospital and went to the hospital E with the illness, and the victim attempted to go to ice cream, and the defendant was only the defendant.

Before leaving the hospital, he completed the hospital, and went into a kis shop before leaving the hospital, and the defendant saw that he was seated by him, and kissk as he kis, and kisk as he kis.

‘Along with the Defendant’, the Defendant was sealed.

Since then, the defendant was aware of the victim again, and kisk was kis on the right side of the snow, so "in the male-child room."

At that time, the mother of the Madern has been fluently kid by the phone.

Although the defendant had a string, as in the ordinary school shop, there was a small amount of personnel, it was difficult for the defendant to cover up to the face in the hospital shop.

“The statement was made”.

The victim's statements are concrete and detailed, and the victim's statements cannot find any motive or reason for the victim's non-guilty defendant, and therefore, they are credibility.

On the other hand, the defendant stated in the prosecutor's office that "the defendant paid the victim's damage to his hand by reporting the defendant and intending to know the defendant," and there is a fact that the court of the court below is against the victim's right side of the victim's right side.

“The grounds of appeal asserted that the injured party was merely aware of the Defendant, bolding his arms, and having known the Defendant, on the grounds of appeal, the content of the statement continues.

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