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(영문) 부산고등법원 (창원) 2016.02.03 2015노316
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In so doing, as alleged in the reasoning of the lower judgment, the Defendant did not commit a crime of indecent act by force of the instant case, and the victim E, working at the same workplace as Defendant Defendant Defendant Defendant Defendant’s wife H, was dissatisfied with H, and the Defendant was fright together with the Victim F. However, the lower court found Defendant guilty of all the charges of this case. Accordingly, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

A) In 2013, the Defendant was forced to commit indecent act D around October 2013 at the construction site without weekends, after deducting the date of coming from around September 9, 2013 and the tin. On November 201, 2013, the Defendant was provided treatment at I Hospital located in J Hospital located in J Hospital in Suwon-si, and was hospitalized on November 14, 2013, and discharged on December 2, 2013 after undergoing a knee cut operation on the left-hand left-hand side, and the Defendant was released on November 15, 2013. Thus, there was no fact that the Defendant was diversing from the instant Mari in the instant case around November 2, 2013.

B) On December 2013, 2013, the Defendant, who committed an indecent act by force against D around 2013, was destroyed at the time, and only was fluencing the victim D’s shoulder by hand, and did not spar the victim D.

C) From May 13, 2014 to June 2, 2014, the Defendant was hospitalized in the part of the compulsory indecent act E in the process of undergoing the knee surgery, and even after discharge on June 2, 2014, the Defendant was unable to walk between about one month and approximately three months. Around three months’ volume depend on the auxiliary equipment and neck, and thus, it was impossible to force the Defendant to commit an indecent act by means of using the victim E using using using using the victim’s knely sparing on the date stated in each of the facts charged.

D) The Defendant, who was out of the time of the F’s indecent act, committed an indecent act, was only involved in the victim F and entered with the victim F and did not commit an indecent act by force against the said victim as in each of the facts charged in this part.

2) The sentence sentenced by the lower court (five years of suspended sentence for three years of imprisonment, and forty hours of order to attend a lecture) is too unreasonable.

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