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(영문) 서울고등법원 2018.08.23 2018노982
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

The defense counsel of the defendant in the summary of the grounds for appeal asserted the defendant's mental and physical weakness in the statement of reasons for appeal, but the defendant withdrawn the argument on the second trial date in the appellate trial.

A. In the case of a part of the net time table of crimes attached to the judgment of the court below by misunderstanding the facts or misapprehending the legal principles (hereinafter “crime list”), the Defendant did not have contacted the victim’s body or exercise the force of force, and the place where the crime was committed was not closed.

In addition, in the case of part 3 of one crime sight table, the defendant did not block the victim waiting for the elevator, and "weet the elevator like the elevator"

Only “......”

Therefore, the Defendant did not exercise his power in the crime by the above sequences.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendant guilty of this part of the facts charged.

B. The punishment of the lower court (one year of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.

Judgment

A. The following facts are acknowledged according to the evidence duly adopted by the lower court at the part 1 of the crime sight table 1. The following facts are acknowledged.

The defendant found the victim and experienced his desire to do so, and took charge of his sexual organ, and 200 meters away from the victim.

In addition, the defendant was waiting for the victim's life before the victim, and was exposed to the sexual organ and self-defense while waiting for the victim's life.

The Defendant stated that the victim “I am different from I am, I am close to I am. I am. I am. I am. I am. I am.”

피해자는 뒤로 주춤거리며 물러서면서 “ 뭘 도와주느냐,

report to the police.

“.....”

The defendant escaped to the alley, and the victim reported to 112.

The victim shall hear from the 112 Reporting Telephone that the damage may be caused by the surrounding convenience points.

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