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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.07.03 2014노1031
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below which found Defendant 1 guilty of the crime of indecent act by indecent act by indecent act, even though he did not have the victim’s sexual organ and did not have any intention of indecent act by indecent act by indecent act by indecent act, in the process of properly entering the victim’s front door into the right side of the victim’s front door, and the victim’s her chest and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

B. The sentence imposed by the prosecutor by the court below on the defendant shall be unreasonably and unfairly weak.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s determination on the Defendant’s assertion of mistake, the lower court’s determination that found the Defendant guilty of indecent act by compulsion is justifiable, and the Defendant’s assertion of mistake of fact is without merit

At the time of the police investigation, the victim stated to the effect that “A private teaching institute lessons is from 3:0 p.m. to 5:0 p.m., one hour in the course of the test, and that the defendant and the two were in a private teaching institute classroom. The defendant allowed the victim to sit in kneee and play the game by providing the defendant’s cellular phone. While the victim is going in the game, the defendant was going in the game, by inserting kne on the part of the victim’s own kne, and knife and knife by inserting knife and knife the victim’s chest. The victim tried to get out of the room, and the victim was knife and knife by inserting knife. The victim tried to get out of the room, and the victim again knife and knife knif.”

The victim stated specifically the situation before and after the crime of this case, and the statement is consistent and uniform.

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