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(영문) 대전고등법원 2014.04.18 2013노536
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) As to the facts constituting the crime in the judgment of the court below, the Defendant did not have any fact that there was a buckbucks by the victim.

Even if it is not so, it is difficult to view that it constitutes an indecent act on the part of the victim, since the Defendant’s moving of the arms in the state where the Defendant was receiving bucks from the beds, can have contacted the victim’s bucks.

(2) As to the facts constituting the crime indicated in the judgment below, the Defendant did not have any her buttt.

Even if we do not do so, the victim allowed the victim to kisk and kis. In such a situation, it is doubtful whether the defendant's act of kisking the victim's her her her her her her her her her her her her her

③ As to the facts constituting the crime in the judgment below, the Defendant did not commit an indecent act against the victim by hearing the victim’s talk that “the worship .......... pregnant..............................................., the Defendant did not commit an indecent act against the victim by rhythizing the victim’

(2) The lower court’s sentencing (two years of imprisonment) is too unreasonable.

B. As to the non-guilty portion of the judgment of the court below rendered by the prosecutor (the point of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the indecent act by deceptive means, etc.), it is reasonable to see that the defendant committed two indecent acts by force by taking into account the relation between the defendant and the victim recognized by the evidence submitted by the prosecutor, the background leading to the physical examination, the behavior and behavior of the defendant at the time, the victim's intent, etc., in order for the defendant to make international marriage, the victim should obtain assistance from the defendant, and thus, cannot refuse the request of the defendant.

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