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(영문) 부산고등법원 2018.02.07 2017노613
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts: Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) found the Defendant guilty of this part of the facts charged even though the Defendant did not have committed an indecent act by force against the victim G, the lower court erred by misapprehending the facts.

B. Defendant C (unfair sentencing)’s sentence (2 million won) sentenced by the lower court is too unreasonable.

(c)

The judgment of the court below that exempted the disclosure and notification order is unlawful, unless there are special circumstances that could not disclose or notify the personal information of the defendant to the public prosecutor (the part that exempted the disclosure and notification order) 1).

2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment, three years of suspended execution, and forty hours of sexual assault treatment lectures) is too uneased and unreasonable.

2. Determination

A. As to the Defendant A’s assertion of mistake of facts, the Defendant also asserted the same in the lower court.

The court below directly finished the examination of the witness of the victim G with respect to the victim G, and then the investigative agency and the court below's legal statement that correspond to the facts charged in the victim G

This part of the facts charged is found guilty by taking into account the evidence of the judgment below including this.

2) According to the evidence duly admitted and examined by the court below, the statement that corresponds to the facts charged in the victim G from the investigative agency to the court of the court below is sufficiently reliable and there is no other obvious reason to suspect it.

In full view of the evidence presented in the judgment below, including the reliable victim G investigation agency and the court below's statement, it is recognized that the defendant committed an indecent act against the victim G as shown in this part of the facts charged.

The judgment of the court below which found the defendant guilty of this part of the facts charged is just and there is no violation of law.

Defendant’s assertion is without merit.

B. As to the Defendant C’s argument of sentencing.

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