(영문) 서울고등법원 2015.03.26 2014노3214 | 리걸엔진

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(영문) 서울고등법원 2015.03.26 2014노3214

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the defendant and the respondent for attachment order (hereinafter referred to as the "defendant") did not commit indecent acts by force against the victims as stated in paragraph (1) of the criminal facts stated in the judgment of the court below concerning the defendant's case or the criminal facts of paragraph (1) as stated in the judgment below.

Moreover, since the Defendant was working in the Chungcheongnam-si, which is in the voice of Chungcheongbuk-gu from March 2012 to January 2013, 2013, the Defendant did not compare the victim's house at the time stated in the crime No. 1 of the crime committed in the judgment of the court below.

Nevertheless, the judgment of the court below which found the defendant guilty on the basis of only the statements of the victims who are not reliable, is erroneous in the misapprehension of legal principles.

As to the facts constituting the crime of paragraph (2) of the judgment of the court below, the defendant merely stated that the victim E was 20,000 won in 20,000 won in 20,000 won in dub, and did not flab the victim E’s timber and flab.

The defendant provided the victim C with 20,00 won and 20,000 won and provided the alcohol to the victim C, and there is no assault by taking advantage of the victim C's side gate, such as the second and third floor drinking.

The sentence of imprisonment (three years of imprisonment) imposed by the court below on the defendant is too unreasonable.

It is unfair that the court below's improper order to disclose and notify the personal information of the defendant is unfair.

The court below's decision on the case of the attachment order is improper to issue a location tracking device attachment order to the defendant.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

The lower court applied Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act to the whole criminal facts of the judgment on the part of the Defendant case.

However, the facts of the judgment below are stated.

참조조문

-청소년의 성보호에 관한 법률 제7조 제3항

-형법 제298조

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