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(영문) 서울고등법원 2017.11.07 2017노2320
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment below

The guilty portion shall be reversed.

The sentence of sentence against the defendant shall be suspended.

The facts charged of this case.

Reasons

On August 2016, the lower court found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) among the facts charged against the Defendant, and sentenced the Defendant guilty of the remaining facts charged.

The judgment below

In the judgment of the court below, the acquittal portion of the judgment of the court below became final and conclusive separately because the defendant appealed against the guilty portion, but the prosecutor did not appeal.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

The summary of the grounds for appeal - The defendant at the time of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Compulsory Indecent Acts) between June 2016 and July 2016 only contributed to the part of additional punishment that points out the condition of uniforms of the victim E (the name of the victim), and there is no fact that the victim E puts the chest as stated in paragraph 1 of the decision of the court below.

Even if the above defendant had a physical contact with the above victim in the process of fingerion

Even if the defendant did not have the intention to commit an indecent act against the victim.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

The sentence sentenced by the court below to the defendant (the sentence of a penalty of five million won) is too unreasonable.

Judgment

The summary of the facts charged in this part of the judgment on the assertion of mistake in fact is that the Defendant at the C High School Department of the C high School located in Gui-si, Gui-si, 14:40 on June 2016 to July 2016, the victim E (“A”) said that the Defendant “Wi-Ni-Ni-gi-gi-i-i-i-i-i-i-i-i-i-i-ii-ii-i-ii-i-ii-i-ii-i-ii-i-ii-i-ii-i-ii-i-ii-i-

In addition, the chest pelpel was forced to commit an indecent act on the part of the victim by inserting a knife with additional knife.

The lower court’s judgment is legitimate.

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