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(영문) 서울고등법원 2018.06.19 2018노7
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for the attachment order (hereinafter “Defendant”) did not commit an indecent act by force against the victims under the age of 13 as stated in the instant facts charged.

The only evidence that conforms to the facts charged in this case is that the victims' statements were made, and the victims failed to make a reliable statement because they failed to form a so-called rap report between the investigator in charge and the investigator in charge.

In addition, each victim's statement is not reliable because it is inconsistent with objective facts or is inconsistent with other victim's statements.

B. A reply to a request for appraisal may not be used as evidence proving any fact other than the mere physical contact between the defendant and the victims.

Therefore, the evidence produced by the prosecutor alone proves that the facts charged in this case are beyond reasonable doubt.

Although it is difficult to see it, the court below erred by misunderstanding the facts.

2) misunderstanding of the legal principles, even if so, the credibility of each victim’s statement can be recognized.

Even if the defendant did not exercise physical power or force against the victims, and the place of occurrence of the case was connected to the outside and windows, and considering that the victims were able to help or immediately escape, it cannot be deemed that the defendant committed an indecent act by force against the victims.

Nevertheless, the lower court erred by misapprehending the legal doctrine on forced indecent act, which found the Defendant guilty of the facts charged of this case.

3) The punishment sentenced by the lower court to the Defendant (four years of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence sentenced by the lower court against the Defendant, which was unfair in sentencing, is too uneasible and unfair.

B) The lower court’s improper exemption from disclosure of personal information disclosure order is to disclose personal information to the Defendant.

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