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(영문) 부산고등법원 (창원) 2013.06.21 2013노113
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the fact that the first instance court convicted the Defendant of the crime of indecent act by compulsion, in the absence of the victim’s knee and knee, even though the victim was knee and knee in the process of misunderstanding of facts.

B. Even if the defendant's conviction is recognized, the punishment sentenced by the first instance court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances revealed through the evidence duly adopted and examined in the first instance trial as to the assertion of mistake of facts: (i) the victim specifically explained at an investigative agency that the defendant was harassing the part of the victim's body while making it difficult to regard the victim as a false statement in light of the victim's injury or intellectual ability; and (ii) the victim's sium was aware of the fact that the victim's sium was damaged during the conversation that the victim tried to talk about the part of the victim's body salvance, on the ground that the victim's salvance moved to the part of the victim's body salvance; (iii) it is difficult to view that the victim or the victim's sal part with a false fact in light of such awareness circumstances, and (iii) it is difficult to deem that the victim's salvance and salm with the victim's behavior was not so doing, making it difficult to see that the victim's act was an indecent act by force during the victim's behavior.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, the Defendant’s separate statement after 1986.

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