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(영문) 서울고등법원 2017.08.17 2017노1348
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was not guilty of committing an indecent act by force against the victim who is a child or juvenile, the lower court found the Defendant guilty of the instant facts charged on the grounds of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The Defendant also asserted that the judgment of the court below as to the assertion of mistake of fact is identical to the assertion of mistake of fact, and the court below rejected the above assertion by making a detailed statement on the determination.

In light of the circumstances revealed by the court below, the court below's duly adopted and examined the following facts, namely, the defendant took the cab operated by the defendant on the day of the instant case from the back of the Yeongdeungpo-gu Station and took photographs at the lower point of the cab in which the victim stated, and then taken photographs at the lower point of the cab in which the victim stated, the victim did not have credibility in the victim's statement. However, the victim argued to the effect that "the victim did not have credibility in the victim's statement because he did not photograph a photographic building submitted by the victim at the lower point of the cab on the back of the cab in which the victim stated." However, the victim stated in the investigative agency that "I want to have the victim's statement made a statement to the effect that "I want to take the victim's left sibbbbbbbbbbbs, etc. after her getting on the cab near the south River basin and let Q who want to walk with other her, and that the victim did not have experienced the victim's ordinary signal at the time of the victim."

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