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(영문) 서울고등법원 (춘천) 2014.02.05 2013노202
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no mistake of fact that the Defendant committed indecent act by compulsion against the victim G (hereinafter “victim”).

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of KRW 10 million) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of this part of the facts charged on the ground that the Defendant’s statement was reliable, by comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court. ① At the time of the instant case, the Defendant was at a time between the Defendant and the victim on the ground that the Defendant stated the victim’s statement that “I will do so only once,” and that “I would do so.” ② On the instant day, the Defendant first made the Defendant’s statement at the Jssaw Center on the day of the instant case, and first made a consistent and detailed statement on the damaged facts to the court of the lower court. ③ In light of N’s statement by the police officer N, the victim did not appear to have stated that there was no punishment provision for sexual harassment damage in the victim’s speech, and did not statement his indecent act, and the Defendant’s statement was lawfully made at the 15th anniversary of the victim’s statement and the Defendant’s statement to the police officer and the Defendant’s statement to the lower court, taking into account the witness’s statement.

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