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(영문) 서울고등법원 (춘천) 2020.05.13 2019노241
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (such as a fine of KRW 10 million) is too unhued and unreasonable.

B. Defendant 1) misunderstanding of facts and misunderstanding of legal principles) The Defendant did not take the position of the victims as they appear on the ground of the list of crimes Nos. 1 through 7, and 9.

Even if the defendant committed such act, it is merely for the prevention of injury of the victims, not for indecent acts by compulsion, and there was no intention of indecent acts by compulsion against the defendant.

Nevertheless, the judgment of the court below that recognized the defendant's possession of the victims as shown in the annexed crime list, and determined that such act constituted indecent acts by compulsion and that the defendant had the intent to commit an indecent act by compulsion, which affected the conclusion of the judgment by misapprehending the legal principles on the intent of indecent act by compulsion or indecent act by compulsion, which affected the conclusion of the judgment.

B) The Defendant in the charges Nos. 8 of the annexed crime list Nos. 8 was merely engaged in the victim C’s grandchildren to correct the attitude by taking the time of sports classes, and did not force the victim C by force. Nevertheless, the lower court determined that the Defendant committed indecent act by force by force by the victim C’s grandchildren, thereby misunderstanding the facts and misapprehending the legal doctrine on indecent act by force, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unreasonable sentencing is unreasonable because it is too unreasonable.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. Of the facts charged in the instant case, the judgment of the court below on the credibility of the victims’ statement was made by each victim’s statement as direct evidence to acknowledge the charges Nos. 1 through 7, and 9 among the facts charged in the instant case. The court below determined that the credibility of each victim’s statement can be acknowledged in light of the following circumstances acknowledged by the evidence duly adopted and investigated, and that this part of the facts charged is guilty.

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