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(영문) 대구고등법원 2013.06.26 2012노473
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the lower court (five million won of a fine) is too unreasonable;

(2) The Defendant’s defense counsel submitted the “written supplement of the grounds for appeal” on the date of the closing of argument in the instant case where the period for submitting the grounds for appeal was in excess of the period for submitting the grounds for appeal, and added the Defendant’s assertion of innocence to the extent that the Defendant had no criminal intent to commit indecent act by compulsion. However, the submission of the grounds for appeal after the deadline for submitting the grounds for appeal should be determined within the scope of supplement to the extent that supplements the grounds for appeal filed within the period, including the written supplement of the grounds for appeal, and even if examining the records of the instant case including the written supplement of the grounds for appeal, it cannot be deemed that there are matters to be examined ex officio examination, and there is no separate determination as to the assertion of mistake or misapprehension of legal principles other than the assertion of sentencing in the above grounds for appeal.

However, according to the contents of the instant crime, and the result of the sentencing examination in the original trial and the trial of the court below, the Defendant had excessive self-esteem and wrong sexual consciousness due to the relationship with which the Defendant had a lot of sexual intercourse and sexual experience. As a result, the victim, who was only 12 years old through smartphone hosting, was able to have good for himself, was able to have her by singing, and her sexual intercourse was committed, and her indecent act was committed, such as her her fry and chest, and her her fry and breast, and her fry and her fry and fry.

As such, criminal criticism can not be avoided due to the circumstances and attitudes of the crime, and it is inevitable to punish the responsibility corresponding thereto.

Ultimately, the above circumstances are favorable to the defendant, the degree of indecent act, and all other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, growth process, and circumstances before and after the crime, and the punishment of the crime of this case.

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