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(영문) 서울고등법원 2020.05.29 2019노2434
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

A defendant shall be punished by imprisonment for two years.

(b).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, 40 hours of each order to attend a course, and 3 years of each order to restrict employment), including the Defendant (unfair punishment), is too unreasonable.

B. On March 2018, a prosecutor 1) According to each court’s written testimony of each court below, such as a witness E and B, of emotional abuse (not guilty part of the judgment of the court below) against the victim B (not guilty part of the judgment of the court below) on or around March 2018, the defendant can be found to have forced the victim B to take food that may cause pain, i.e., “frighting”, sound, frighting, and drinking, and contrary thereto, N’s witness N’s written statement of the court below cannot be trusted.

Due to the above act of the defendant, there was a risk or possibility that the mental health and normal development of the victim B was practically impeded or impeded.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B) On November 10, 2018, according to each written statement prepared by G and B with respect to physical abuse against the victim F (not guilty part of the judgment of the lower court) G and B, the Defendant may recognize the fact that the Defendant was at the time of her bump with the victim F around November 10, 2018. Nevertheless, the lower court’s judgment that acquitted the Defendant of this part of the facts charged is erroneous in misunderstanding of facts. (2) The lower court’s judgment of unfair sentencing (guilty part of the judgment of the lower court) (hereinafter “guilty part

2. We examine ex officio the judgment of the court below as to the guilty portion prior to the judgment on the grounds for appeal by the defendant and prosecutor.

A prosecutor shall change the facts charged regarding the guilty portion of the judgment of the court below (the reason for the judgment in multiple ways) as stated in the facts charged, and the name of the crime is against the Act on the Protection of Children and Juveniles against Sexual Abuse, the Act on the Protection of Children and Juveniles against Sexual Abuse, the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act, etc.), the Child Welfare Act violation (child abuse),

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