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(영문) 서울고등법원 2013.07.18 2013노1307
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with the fact that the defendant was guilty of indecent act against his own will among the statements made by the victim of the reason for appeal. In light of the fact that the defendant committed an indecent act against his own will among the statements made by the victim of this case, and that he committed an act of committing the crime of kneing and kneeling against the male-gu of the victim immediately after this case, it can be sufficiently recognized that there was indecent act like the facts charged. However, the court below found the defendant not guilty on the ground that there was no proof of the facts of the crime by readily rejecting the credibility of the victim's statement

2. Determination:

A. At around 02:00 on May 13, 2012, the Defendant committed an indecent act against the victim as soon as possible by putting the victim’s chest on the part of the victim’s room in Seoul Special Metropolitan City “D Kinging practice room”, “D King practice room” No. 9, which is located in Gwanak-gu, Seoul Special Metropolitan City, while under the influence of alcoholing the victim’s E (n.e., 16 years of age) and studio., booming the victim’s body, and booming the victim’s body.

B. The court below held that the defendant's act of raising the victim's name and leaving the chest is hard to believe the victim's statement and there is no other evidence to acknowledge this point. The defendant himself/herself has committed an act to interview the victim's chest with the victim's clothes. However, it is difficult to conclude that this act was an indecent act by the defendant in light of all the circumstances, such as the victim's and the defendant's circumstances before and after the victim's interview and the singing, and the atmosphere in the singing room, etc., it is difficult to conclude that the defendant committed an indecent act by force, and entertainment is enjoyed under mutual agreement.

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