(영문) 광주고등법원 2015.01.29 2014노318 | 리걸엔진

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(영문) 광주고등법원 2015.01.29 2014노318

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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All appeals filed by the defendant and prosecutor are dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not have committed an indecent act by compulsion of facts against the victim. Defendant 2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant could sufficiently recognize that the Defendant committed indecent acts by force on three occasions, such as the facts charged. A) The victim, from the police to the lower court, has consistently and specifically stated the following matters concerning the principal part of the crime, including the specific situation at the time of the instant case and the contents of the Defendant’s act, etc., from the police to the lower court, and there is no inconsistency in the overall contents of the statement, and there is no lack to recognize the credibility of the victim’s attitude committed by the

① The Defendant is written in 100, and the victim took lessons from October 26, 2010. From the end of 2012, the second grade of the middle school, the victim took lessons from the Defendant. At the request of the Defendant from the end of 2012, the victim was aware of the Defendant.

The injured party is taking a course 40 minutes a week from the accused. The accused is not able to take a course due to a change in the degree of one hour, and the defendant is able to supplement it later.

The victim, as well as himself, was aware that not only the other students are aware of the defendant.

② At the time of committing the crimes in paragraphs 1 and 2 of the holding of the lower judgment, the injured party was aware of the body of the Defendant, who was up to a sloping, and the Defendant continued to take charge of the Defendant’s arm’s length, and the Defendant was only her chest.

At the time, the injured party gets her hand and resisted, or his her son is equal to that of his son.

유사 판례

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