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(영문) 서울고등법원(춘천) 2020.12.09 2020노132
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (e.g., fine 20 million won) is so unfilled that it is unfair, and the lower court’s judgment that did not issue an order to disclose or notify personal information to the Defendant, or an employment restriction order to the Defendant despite the risk of recidivism is unreasonable.

B. Defendant (the factual misunderstanding of facts and unreasonable sentencing) 1) In the course of advertising the film produced by Defendant I to the victim as soon as he had been managed by the Defendant as soon as possible, the Defendant did not force the victim by force as in the instant facts charged. The CCTV screen or the statement of the victim submitted by the prosecutor alone cannot be recognized as the instant facts charged. Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unreasonable sentencing is excessively unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. In full view of the following facts and circumstances, the lower court found the Defendant guilty on the ground that the Defendant could have committed indecent act by force by force by force, taking into account the following facts and circumstances acknowledged by the evidence duly admitted and investigated:

Each statement of the victim and witness D is consistent with other evidence, such as the act of the defendant, contents of damage, the fear and response of the victim and D at the time of the crime, the situation before and after the crime, etc., generally consistent, specific and natural, and the video recording of CCTV at the scene of the crime and the details of 112 declarations, etc., and it seems that any other circumstance exists to deem that the falsity was involved, and it is credibility in light of the attitude of the statement in the court below.

According to the CCTV image of the scene of crime, the victim is raising the chest in the future.

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