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(영문) 광주고등법원 (전주) 2016.07.19 2016노48
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the statements made by the victim's investigative agency in the summary of the grounds for appeal, the statements made by the prosecutor in the court of original instance, and all the evidence submitted by the prosecutor, it is sufficiently recognized that the defendant committed an indecent act against the victim under the age of 13 by force for four times.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged. The court below erred by misapprehending the facts.

2. Determination

A. The Defendant was able to stay in the charge of this case.

The author tried to commit an indecent act against the victim with knowledge that the victim attends a church and well grounded on him/her, such as his/her father, with the awareness that he/she is attending the church.

1) On January 2013, the Defendant: (a) laid the victim D (the 10 years old at that time) who was fright to play in the west side of the F church located adjacent to the west G in the city of 2013, the Defendant: (b) laid the victim D (the 10 years old at that time) with his intention; and (c) laid the victim’s twitts up to his her panty with his panty; and (d) laid the victim into his panty, and (c

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.

2) On January 2013, the Defendant: (a) laid the victim who was found to have her marith from the west side of the F church above the F church; (b) laid the victim her seat; (c) laid the terts in which the victim was her seated; and (d) laid the terts and panty with her traw, and her knife the victim’s her seat.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.

3) On May 2014, the Defendant discovered the victim who was seated in the computer room of the FF church hall, and caused the victim to sit in the Defendant kneee, and then got the victim to sit in the Defendant’s kneee, then the Defendant saw the victim into the victim’s knebbbbbbbbing area, which was put in the victim’s kne on the panty line.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age by force.

4) On June 1, 2014, the Defendant, at around 13:30 on June 1, 2014, left the Mali from the post of the F church.

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