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(영문) 서울고등법원 2020.09.18 2020노1208
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. On October 2018, the lower court found the Defendant not guilty of all the facts charged on the ground that there is insufficient evidence to deem that the Defendant committed an indecent act on the part of the facts charged on the ground that the Defendant committed an indecent act on the part of the Defendant at his/her residence on October 2018, on the ground that there is insufficient evidence to deem that the Defendant committed an indecent act on the part of the Defendant. However, it is evident that each indecent act on the victim occurred in the Defendant’s residence, and that the content of the indecent act is clearly distinguishable from other acts to the extent that it does not hinder the Defendant’s exercise of his/her right to defense. As long as it is possible to clearly distinguish the content of each indecent act from other acts, the lower court cannot be deemed not guilty of this part of the facts charged solely on the ground that each indecent act on the ground that it was not evident

Therefore, the court below which acquitted this part of the facts charged has erred by misunderstanding of facts and misunderstanding of legal principles.

B. In regard to the crime at the end of October 2018, it is clearly recognized that the Defendant’s act was committed on or around the end of October 2018, 2018, in order to prevent the Defendant from getting the victim out of his/her knife with one hand at the Defendant’s residence, and then, the Defendant’s act constitutes an indecent act, and cannot be assessed as a mere mere act, insofar as the Defendant’s act was flife with the victim’s knife and sexual humiliation.

Nevertheless, the judgment of the court below which judged that the above act of the defendant was merely an indecent act, not an indecent act by compulsion, and found the defendant not guilty of this part of the facts charged is erroneous in mistake or

2. Determination

A. From July 2017, the Defendant came to know of the instant facts charged, from around July 2017, the Defendant came to know of the victim B (the age of 15) who was a child or juvenile through the open hosting room related to the Kakakakao music, and from around September 2018, Gangdong-gu Seoul and Da.

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