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(영문) 대전고등법원 (청주) 2014.09.04 2014노100
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not commit an indecent act against the victim of mistake. 2) The lower court’s punishment (one year of imprisonment with prison labor, one year of suspended execution, and 40 hours of sexual assault treatment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. On January 17, 2013, the Defendant: (a) committed an indecent act by force against the victim, such as: (b) the victim C (the female, the age of 17) and his/her women, at the entrance of the summer-dong, Hacheon-si, Seocheon-si; (c) the Defendant’s act of working at the victim C (the female, the age of 17) and E and Sitting, his/her mother, who is his/her father, committed a defect in the Defendant’s report in 112; (d) the victim’s two arms intending to leave the place, and fright the victim’s left chest, and fright the victim’s chest, who gets her hand on his/her hand, by force.

3. Determination

A. In the crime of indecent act by compulsion, “indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, which infringes on the victim’s sexual freedom. It does not require a subjective motive or purpose to stimulate sexual humiliation as a subjective element of the crime. However, it must be evaluated as infringing upon the victim’s sexual freedom and at least an act under such recognition. Such determination ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific form of the act, objective circumstances surrounding the act, and sexual morality of the time.

(2) As to the facts charged in a criminal trial, the conviction shall be based on evidence of probative value, to the extent that it is not likely for a judge to have a reasonable doubt, and there is no evidence to form a conviction to such an extent that the facts charged are true.

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