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(영문) 대전고등법원 2016.05.20 2015노657
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, the defendant could sufficiently recognize the fact that the defendant committed an indecent act by force against the victim by raising the victim's shoulder and putting the victim into a lar. However, the court below erred by misapprehending the fact that the court below acquitted the defendant of this part of the facts charged and thereby affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (2,500,000 won) is too unhued and unreasonable.

2. Determination

A. On March 6, 2015, from around 17:10 to around 17:30 on the same day, the Defendant discovered the victims E (one, half, nine years of age) and four children playing in an apartment complex under the influence of alcohol in the vicinity of Seogsan-si D Apartment 110, Seosan-si, and then accessed them, thereby making the victim’s shoulder and forced the victim to use his/her shoulder.

Accordingly, the victim and son were forced to commit an indecent act on the part of the victim, i.e., the victim's franchis located at the entrance of the above apartment, such as the victim's franchising, attempted to escape from the victim and avoiding the defendant's hand.

2) First of all, the lower court determined as follows: (a) as to whether or not the Defendant used sparly a victim in behind the victim; (b) in the court of the lower court where the Defendant used sparly the victim, “The Defendant took a hand over the victim behind the victim; (c) the Defendant was able to spare a man who was in front of the victim; and (d) the Defendant was able to spare the victim, and did not spar

“The Defendant made a statement to the effect that it was “,” and the evidence presented by the Prosecutor alone, committed an indecent act by force against the victim by sparing the victim.

‘It is difficult to recognize the charge part.

The decision was determined.

B) Next, the lower court determined as follows: (a) whether the Defendant committed an indecent act by raising his arms on the shoulder of the victim, intending to capture the victim; and (b) breathing bat.

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