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(영문) 서울고등법원 2017.11.21 2017노2526
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal - misunderstanding of the facts of the Defendant and misunderstanding of the legal principles - The Defendant committed a forced indecent act, such as kisking and kisking the victim, even though he/she did not memory at the time, he/she did not commit an indecent act as stated in this part of the facts charged.

In doing so, the court below found the defendant guilty of this part of the facts charged on the basis of the statements made by the victim with no credibility, I and J, and there is an error of misunderstanding of facts and misunderstanding of legal principles.

The punishment sentenced by the court below against the defendant (such as penalty 20 million won) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the Defendant’s assertion of mistake and misapprehension of the legal doctrine, the lower court’s determination that found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) is justifiable, and it is erroneous in the misapprehension of the legal doctrine as alleged by the Defendant.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit and contains the defendant's mental disorder argument.

In full view of all the circumstances, such as the background of the crime in this part, the means and method of the crime, and the circumstances after the crime, which were duly adopted and examined by the court below, the defendant had no or weak ability to discern things or make decisions due to drinking at the time of the crime in this part.

does not appear.

Even if unlike this, if a sexual crime is committed under Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the provision on the reduction of punishment due to mental or physical disorder under the Criminal Act may not be applied.

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