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(영문) 서울고등법원 2015.04.09 2014노3345
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (fact-finding) is that the defendant expressed his/her intention that he/she was flicking on the part of his/her mother, including the part of the victim's sexual organ, and did not commit an indecent act by force by force, such as breaking down the victim's sexual organ. The court below erred by misapprehending the legal principles on the facts charged in this case on the ground that the defendant was guilty on the ground that he/she has credibility in the statement of the victim, which is highly likely to be contaminated by the victim's mother's mother in the course of talking about the damaged facts to his/her mother.

Judgment

The Defendant asserted in the lower court that “the Defendant merely committed an indecent act by force, such as taking the victim’s sexual organ into consideration, by expressing his/her intention that he/she would be flick, only the lower part of the Defendant’s sexual organ, including the victim’s sexual organ, and that he/she did not commit an indecent act by force.”

In regard to this, according to the evidence duly adopted and examined by the court of the court below in the "judgment on the argument of the defendant and his defense counsel" item, the court below rejected the defendant's assertion on the ground that it is reasonable to view that the defendant committed an indecent act by the means of cutting the victim's sexual organ and shaking the defendant's sexual organ consistently at the investigative agency, and that the victim's mother or mother was informed of the situation immediately after the case, and reported the crime of this case to the police by the victim's mother.

In light of the records of the above decision, the decision of the court below that it is reasonable to view that the defendant committed an indecent act by means of cutting the victim's sexual organ and shaking the victim's sexual organ is just, and there is no error as alleged by the

In addition, the evidence duly adopted and examined by the court of the original judgment and the party court is admitted as follows.

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