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(영문) 광주고등법원 2020.11.19 2020노296
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles as to the judgment of the court below

The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act on the part of the Defendant, on December 2018, 2018, by committing an indecent act, such as gathering the victim’s chest at the time.

B) Article 1-2(2) of the holding of the court below’s decision that the Defendant committed an indecent act against the victim’s will because the Defendant, at the time of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, only fell under an agreement with the victim, and thus, did not commit an indecent act against the victim’s will. Even though the Defendant had knowledge of the victim’s intention, the Defendant did not commit an indecent act against the victim’s intent because he/she believed the victim to have expressed his/her intention externally. C) The Defendant committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amera, etc. Using Cameras, etc.) in Article 1-2(2) of the judgment of the court below, and the Defendant taken a photograph of the victim’s chest and negative body and taken a sexual act with the victim’s sexual act with the victim’s consent. However, all of them were taken with the victim’s consent, the Defendant did not take a sexual relation against the victim’s body of children and juveniles against sexual abuse.

Even if the defendant was involved in the victim's clothes or buckbucks, it is not forced because the victim's physical contact was allowed.

2) The sentencing of the lower court on the grounds of unfair sentencing is too unreasonable. B. Prosecutor 1 consistently states this part of the damage (the second rape of the Defendant) from the investigative agency to the court of the lower court.

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