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(영문) 대전고등법원 2014.10.06 2014노111
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for four years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant and the person to whom the attachment order was requested (hereinafter only referred to as the "defendant") guilty of the facts charged in this case on the ground of erroneous determination of facts or misapprehension of legal principles, even though the defendant did not have committed indecent act by force on two occasions as stated in the facts charged in this case, by the victim's statement without credibility.

(2) The lower court’s sentencing (one year of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasy and unfair, and the lower court’s dismissal of the prosecutor’s request for an attachment order is also unfair.

2. Determination on the part of the defendant's case

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Minority under thirteen years of age) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Residence Rape, Rape, etc.) informed the victim F (10 years of age) of the toilet to be informed of the convenience points in the operation of the Defendant located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, 2010, in order to file a lawsuit.

피고인은 피해자가 위 화장실 내로 들어간 다음 화장실 문을 닫자 욕정을 느끼고 잠시 후 위 화장실의 문을 열고 안으로 따라 들어가 바지와 속옷을 내린 채 변기에서 일어나려고 하던 피해자의 상체를 양팔로 눌러 반항을 억압한 후 혓바닥으로 피해자의 음부를 수회 핥았다.

Accordingly, the defendant invaded the room and forced the minor victim under 13 years of age to commit an indecent act.

2. After a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion of the age of 13), the Defendant found a victim who had been frightly in the street around the convenience store around the day of 2010, and made the victim feel humiliated, and G.

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