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(영문) 서울고등법원 2013.05.31 2013노1192
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment below

The part of the case of the defendant is reversed.

Defendant shall be punished by a fine of 20 million won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. At the time of the defendant's assertion of mistake of facts, the court below found the defendant guilty of the facts charged by misunderstanding of facts, even though there was a fact that the defendant satisfyed with a pipe of the defendant's wall, but did not have any intention to commit an indecent act, with an indication that the victim satise and satise the body in which the victim tried to satis

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances admitted by the evidence of the court below at the time of the trial below, the defendant can intentionally recognize the fact that the victim caused sexual humiliation or aversion. As such, the court below was justified in finding the defendant guilty of the facts charged and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as stated in its reasoning. ① According to CCTV images installed in the elevator, according to the CCTV images installed in the elevator, the defendant's arm's length was turned out to the victim's right angle, and the defendant can be recognized as Den in part (Evidence 23, 24, 62, and 63 of the evidence record). ② The defendant also stated that "The victim's 1 did not know that he had been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to feel sexual humiliation or aversion."

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