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(영문) 서울고등법원 2013.11.07 2013노2722
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant misunderstanding of facts or misunderstanding of legal principles has a dance on the part of the victim's sexual organ, this does not constitute indecent acts by compulsion, and even if the defendant did not have the intent of indecent acts by compulsion, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding of facts

B. Even if the Defendant’s act of a legitimate act constitutes the element of the crime of indecent act by compulsion, it does not go against the social norms, and the illegality is excluded pursuant to Article 20 of the Criminal Act.

C. The sentence imposed by the court below on the defendant (the fine of KRW 20,000,00) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the defendant argued to the same effect as the argument of mistake of facts or misapprehension of legal principles, and the court below rejected the above argument in the "decision on the defendant's and defense counsel's assertion" column. According to the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the judgment of the court below is not erroneous in the misapprehension of facts or misapprehension of legal principles as alleged by the

B. In light of the circumstances revealed by the evidence duly adopted and examined by the lower court as to the assertion of a justifiable act, the Defendant’s assertion also does not constitute a justifiable act as stipulated under Article 20 of the Criminal Act, since the crime of this case does not violate the social rules, and thus, the Defendant’s assertion is without merit.

C. As to the assertion of unfair sentencing, the crime of this case is not less complicated in light of the subject of the crime and the place of the crime.

However, the defendant.

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