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(영문) 대구고등법원 2014.01.08 2013노491
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In the misunderstanding of facts, the Defendant’s knicked the Defendant’s hand, but did not intentionally have the victim’s her butt.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Even if the facts charged in the instant case on the grounds of unfair sentencing are found guilty, the lower court’s punishment (fine 1.5 million won) is too unreasonable.

2. Determination

A. On April 19, 2013, the Defendant: (a) around 13:10 on April 19, 2013, the Defendant: (b) reported that the victim E (here, 15 years of age) was waiting to stop the subway tickets; (c) went behind to the female; and (d) committed an indecent act by the female’s left hand.

B. The lower court determined as follows based on the evidence duly adopted and examined by the lower court: (i) the victim stated that “the Defendant was able to write his own right ther tack, and some of the Defendant was her tacks because he was her by force,” and there is no motive or reason for the victim to make a false statement; (ii) the victim reported to the police immediately after the crime of this case to the police; (iii) the victim made a consistent statement from the investigative agency to this court; and (iv) there is no circumstance that is doubtful that the victim made a false statement; and (iii) the victim’s hand tacks the Defendant’s tack, as argued by the Defendant, even though the victim was the Defendant, and there is sufficient distinction between the situation where the victim’s tacks the Defendant’s her tack, as argued by the Defendant.

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