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(영문) 부산고등법원 2016.01.28 2015노601
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the date, time, and place indicated in the facts charged, provided guidance to the victim about his reputation, corrected the location of his arms, and the victim would be free.

On the other hand, it was easy to leave the victim's breast room, and there was no fact that the victim took the victim's breast room into the gymnasium, such as the facts charged.

Nevertheless, the court below found the defendant guilty on the ground that the victim's statement without credibility and the victim's mother's statement are only F, based on the circumstances stated in its holding. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (two years and six months of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. Determination 1 on the Defendant’s assertion of mistake of fact 1) The Defendant argued to the same effect as alleged in the grounds of appeal while denying the facts charged in the lower court’s judgment, and the lower court, in light of the following circumstances known by evidence, can sufficiently recognize the fact that the Defendant committed an indecent act by force against the victim, such as the facts charged, under the title “the Defendant and the defense counsel’s assertion”.

The lower court rejected Defendant’s assertion and found Defendant guilty of the facts charged in the instant case on the ground that it was “.”

- The summary of the circumstances in the original judgment - 1 The statement about the situation at the time of the victim’s damage was made to the extent that it is difficult for the victim to resume unless he/she actually experienced the defendant’s act, the psychological condition at the time of the victim’s damage

The statement is generally consistent with the main part of the criminal facts as stated in the judgment below.

(2) If the statements made by the injured party are inaccurate or her mother with respect to circumstances after damage, such statements made by the injured party are partly made.

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