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(영문) 서울고등법원 2014.07.17 2014노1312
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Although there are facts between the dates and places stated in each of the facts charged in this case, the Defendant did not commit an indecent act, such as joining the victim and drinking the chest.

Nevertheless, the lower court found all of the charges of this case guilty on the grounds of the statement of the victim without credibility. In so determining, the lower court erred by misapprehending the facts.

The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution, and 80 hours of the sexual assault treatment lecture) of the lower court is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the lower court regarding the allegation of mistake on the part of indecent act in the middle of October 2012, 2012, the victim was forced to get off the vehicle of the defendant by first obtaining the vehicle of the defendant at spring around 2012, F and E, who are the victim's relatives, were allowed to get off the vehicle of the defendant. On October 201, 2012, the first statement that the victim was involved in the indecent act, was about seven months after the first indecent act, the victim was taken off and taken off the vehicle of the defendant at the end of October 2012, the victim did not know about the indecent act to the senior at the end of the second half of the 2012, and the second indecent act was committed, and the victim was demanded to receive KRW 20,000 as the amount agreed upon on May 23, 2013, and only 200,000 Internet articles and 250,000 Internet articles.

On the other hand, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the part that the defendant committed indecent act by force by force by force, such as the time and place indicated in the facts charged, the defendant's injury to the victim at the same time and place, does not have sufficient evidence to acknowledge it. However, the defendant sparly uses the victim at the same time and place and s

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