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(영문) 서울고등법원 2014.02.06 2013노2373
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not engage in the same act as indicated in the facts charged, and even if there was little physical contact with the victim, there was little physical contact with the victim.

Even if this is only limited to the degree of simple friendly or friendlyness without any intention to commit an indecent act, the judgment of the court below which found the defendant guilty of all the facts charged with the fact that there is no credibility and the statements made by malicious victims.

B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.

2. Determination:

A. The Defendant also asserted the same argument as the grounds for appeal in this part, and the lower court rejected the above argument in detail under the title “determination on the Defendant and the defense counsel’s assertion”.

According to the evidence duly adopted by the court below and the court below, the defendant is the president of the restaurant where the victim works as part-time employee, and the victim is a female juvenile under 16 years of age who is emotionally towing time, the defendant thought that the victim did not work in good faith, and the victim did not have a special sense or trust, and even according to the witness's statement, it is sufficient to recognize the fact that the defendant had a physical contact with the victim, such as the victim's her her her her her her her her her her her her her her her face or she she she has her her her her her face, which is sufficient to recognize that the victim complained against the surrounding person and consulted with the countermeasures.

Thus, it is difficult to see that the above physical contact is merely an indication of friendlyness as argued by the defendant, and in particular, there is a friendly relationship or trust to the extent that the female juvenile at the time when the victim was towed is a female juvenile and the defendant's body contact is acceptable.

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