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(영문) 광주고등법원 2017.01.12 2016노389
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendant 1, in order to promptly conduct a physical examination of physical local measuring devices for students, only conducted physical contact with the students listed in Nos. 2 through 42 of the daily list of crimes attached to the court below, and thus, it cannot be deemed an indecent act, and there is no intention to commit an indecent act against the Defendant (defensive of facts), ② the sentence of the court below (in 2 years of imprisonment, 4 years of suspended execution, 2 years of protection observation, 40 hours of community service, and 40 hours of order to attend each), is too unreasonable (a punishment is unfair). The sentence of the court below by the public prosecutor is too unreasonable.

2. Determination

A. In the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant alleged the same purport as the grounds for appeal, and the lower court, comprehensively taking account of the various circumstances in its holding, the Defendant’s act constitutes an indecent act by force, and the Defendant had the intent to commit an indecent act

may be appointed by the Corporation.

The assertion was rejected by decision.

Examining the circumstances cited by the lower court with the record and closely, the lower court’s judgment is sufficiently acceptable.

There is no violation of law by mistake of facts as alleged by the defendant.

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

B. The instant crime of determining the illegality of sentencing by both parties is not likely to be committed in light of the background and method of the crime by abusing the opportunity for the victims to measure the body area by neglecting the obligation of the Defendant to guide and protect the third parties.

The Defendant did not stop an indecent act even though some victims expressed an displeasure sentiment or expressed their intent to refuse the indecent act.

The victims seem to have suffered considerable sexual humiliation and mental shock due to these crimes.

Nevertheless, the Defendant denied his criminal act and did not make every effort to recover damage.

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