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(영문) 서울고등법원 2021.01.15 2020노1946
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. There is no assertion about the sentencing of embezzlement of the deserted article, which the court below found guilty, in the prosecutor’s petition of appeal and the reasons for appeal.

The names of victims of the FF are all named.

the defendant's second hand in contact with each other.

According to CCTV images, the time when the defendant proposed to attract victims reaches eight seconds.

An indecent act committed by the defendant against the victims who do not have any kind of relationship at the time, bringing the victims into Korea for several seconds against the victims' will constitutes an indecent act.

However, the lower court found Defendant’s grandchildren not guilty of the charges of indecent conduct in the instant case on the ground that the Defendant’s act of inducing the victim E and G was not recognized, and that the Defendant’s act of inducing the victim E and G was not recognized. Therefore, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

2. Based on the statements made by investigation agencies E and G, the lower court determined that: (a) based on the Defendant’s statement made by investigation agencies of E and G, the Defendant only drumd with E and G as at the time; and (b) F did not interfere with the Defendant’s arms.

In light of the overall circumstances confirmed by CCTV images taken by the present situation in relation to the Defendant’s act of knowing E and G, the Defendant’s speech and the senses of the above children, etc., the Defendant instructed the above children and F on the ground that he was forced to respond to the Defendant’s question and that he was forced to respond to the Defendant’s question, and that he was aware that he committed the above act, and that he had the intention to commit the indecent act on the part of the Defendant.

Not recognized

The decision was determined.

As a result, the lower court found the Defendant not guilty of this part of the facts charged that the Defendant committed a forced indecent act by attracting the said three children in a lump sum.

The evidence duly adopted and examined by the court below is re-established by this court.

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