(영문) 서울고등법원 2020.02.13 2019노1749 | 리걸엔진

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(영문) 서울고등법원 2020.02.13 2019노1749

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be 40 hours.

Reasons

1. The court below's scope of trial in this case dismissed the public prosecution on the grounds that the victim had withdrawn his wish to punish after instituting a public prosecution on the facts charged of assault, and sentenced the remainder of the facts charged. Since the prosecutor did not appeal the dismissal of the public prosecution, the part of the court below's dismissal of the public prosecution in the judgment below is separate and finalized, the scope of trial in this case is limited to the remaining part (excluding

2. Summary of the grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles [the point of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse] The defendant committed an act such as kising the victim with the consent of the victim B (hereinafter “victim”) while playing a game, and taking the chest into custody of the victim under the penal provisions of the game, and did not commit an indecent act against the victim’s will.

Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

3. From the point of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, the judgment of the court below on the part of Articles 10 to 13 of the judgment of the court below as follows: "The part of "the victim, who was in the game, kids itself, and kids his finger into the victim's clothes, kids, brought about the victim's chest into the victim's clothes, brought about the victim's sexual organ, and brought about the victim's sexual organ to the victim's sexual organ." The victim who was in the game allowed kis, kis back to the victim's back against the victim's own will, after kising the kis, let the victim's chest back into the victim's clothes, and brought about the victim's sexual organ, and brought about the victim's sexual organ to the victim's sexual organ."

참조조문

-청소년의 성보호에 관한 법률

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