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(영문) 서울고등법원 2017.09.21 2017노1574
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found that the defendant committed an indecent act against F, a juvenile, by force, against whom the defendant committed an indecent act against F, but the court below rendered a not guilty verdict on the facts charged in this case. The court below erred by misapprehending

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant, around April 6, 2016, drinks alcohol with D and F (n, age 17) 203, located in Yeongdeungpo-gu Seoul Metropolitan Government, and drinks alcohol with E and F (age 17) around April 23:54, 2016, and forced E to go out of it, to go out of it, and that F does not go.

At the same time, the Defendant’s face was sealed, and the Defendant’s face was pushed back by hand, she was f on the bed, she was f on the back of the F, and the Defendant was pushed down, she was forced to tightly off, and she was f on the part of the Defendant, and she was f on the part of the Defendant, and she was her juvenile, by force.

B. In light of the following circumstances acknowledged by comprehensively taking account of the adopted evidence, the lower court rejected all the Defendant’s statements and objective circumstances opposed thereto on the sole basis of F, the only evidence supporting the facts charged in the instant case, and committed an indecent act by force by the Defendant, as shown in the instant facts charged.

The lower court acquitted the Defendant of the instant facts charged, with the purport that it cannot be readily determined otherwise, and there is no other evidence.

1) A written statement submitted by F to an investigative agency immediately after the instant case, “I am going to the end, because I am to the end, I am to the end, I am to the end, I am to the end, I am to the end, I am to the end.”

E The E E E, “I am more than this person,” following the accident of E, and E, h d d d d h d d h h h.

Defendant stated to the effect that “the Defendant was aware that she was aware that she was aware of the fact that she was to meet F, and that she was not erroneous because she was good.”

2) F is the original judgment.

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