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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2019.01.31 2018노504
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is examined to the extent of supplement in case of supplemental appellate briefs not timely filed.

1) As stated in this part of the facts charged, the Defendant did not have “the fact that the Defendant collected the Defendant’s left arms from the victim and sold them to the victim in such a manner as to use the victim’s chest with his/her hand,” as stated in this part of the charges.

B) The Defendant’s shoulder part of the victim’s heatedly heatedly heatedly heated heated heated heatedly committed the act is not deemed an indecent act, and the Defendant did not have any intention to commit an indecent act. C) Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts due to the violation of the rules of evidence and insufficient deliberation, or by misapprehending the legal doctrine on the intent of indecent act and indecent act, which affected the conclusion of the judgment, by misunderstanding the facts due to the violation of the rules of evidence and the omission of reliable Defendant’s statements and materials.

2) As to coercion, the Defendant made a statement to the victim and the mother of the victim as described in the facts charged of the instant case, but there was no fact that the table table was opened at the time.

In addition, the defendant did not intentionally make such remarks as stated in the facts charged.

B) Nevertheless, the lower court’s judgment convicting the Defendant of this part of the facts charged is erroneous or misapprehending the legal doctrine as to “political act”, in light of the relationship between the Defendant and the injured party and the injured party, and the situation at that time, etc., and thus, cannot be punished as a justifiable act.

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