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(영문) 서울고등법원 2015.11.26 2015노2770
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant alleged a mistake of facts only caused the buckbucks of the victim and caused buckbucks of the victim, the defendant did not commit an indecent act by putting the victim in hand with the victim's will and clothes, and even though the defendant was not at the place where the victim's refusal to do the act of similarity in spite of the victim's refusal to do so at the film center, the court below found the defendant guilty of the facts charged in this case based only on the victim's statement without credibility, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years and six months of imprisonment) on the assertion of unfair sentencing is too unreasonable.

2. Determination

A. The Defendant alleged to the same effect as this part of the grounds for appeal in the lower court’s determination of mistake, and the lower court found the Defendant guilty of the facts charged in the instant case on the ground that the victim’s statement was reliable by taking into account the circumstances as stated in paragraph (2) of the same Article.

The above judgment of the court below is recognized as legitimate after closely comparing the records, and there is no error as alleged by the defendant in the judgment below.

This part of the defendant's assertion is without merit.

B. The instant crime on the assertion of unfair sentencing is an indecent act committed against the victim, who is a juvenile known to the Defendant, by taking the film, putting the victim’s fingers in his sexual organ by force from the film board, etc., in light of the content of the relevant crime. The crime is deemed to have been committed as bad in light of the nature of the crime, and the victim was suffering from considerable sexual humiliation and physical and mental pain. Nevertheless, it is difficult to view that the Defendant denies the main part of the fact of the crime, and thus, it is seriously against the Defendant.

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