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(영문) 서울고등법원 2014.05.22 2014노621
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1’s assertion of mistake of facts had been made once, but the Defendant did not have been able to see the victim’s view. In the process of opening the guard room, the Defendant had contacted the victim’s body, which was in front of the door, and did not intentionally had a negative part of the victim’s body, and there was an error of misunderstanding of facts in the judgment of the court below finding the Defendant guilty of the facts charged of this case. 2) The sentence (7 million won of fine) sentenced by the court below on the ground of unfair sentencing is too unreasonable and unfair.

B. Prosecutor 1) Although the Defendant, at the time of the instant case, acknowledged the fact that the victim was under the age of 13, there was an error of misunderstanding of facts in the judgment of the court below that judged otherwise that the Defendant was unable to recognize it. 2) The sentence imposed by the court below on the assertion

3 The crime of this case was committed with an indecent act by the defendant under the age of 13, and it is improper for the court below to exempt the defendant from the order to disclose and notify the information of the defendant in light of the fact that the defendant committed an indecent act against the victim under the age of 13, and that there is a risk of recidivism.

2. Determination

A. In the lower court’s determination of the Defendant’s assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court determined that the Defendant used the victim, i.e., a child or juvenile victim, and committed an indecent act in his/her hands, by taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court in the “determination of the Defendant and his/her defense counsel’s assertion”

Examining the above judgment of the court below in a thorough comparison with the records, it can be recognized as legitimate, and as can be seen by the aforementioned evidence.

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