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(영문) 서울고등법원 (춘천) 2018.07.04 2018노21
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. If the defendant misunderstanding the facts about forced indecent act did not have any her her her her her her her her her her her her butt, it is reasonable to deny and actively explain that there is no her her her her her her her her her butt until the police called her her her her her butt, but the defendant did not actively deny his her criminal act until the police called her her her her her her her butt her butt her butt her butt her

In full view of the fact that there is no exaggeration, and that there is only a man who suffered white clothes according to CCTV images, the defendant's arms were moved back and the defendant's escape was confirmed at the same time, the court below found the defendant not guilty of this part of the facts charged, even though the defendant committed an indecent act by force as stated in this part of the facts charged, is erroneous in the misapprehension of facts.

B. The lower court’s sentence against an unfair defendant in sentencing (three years of imprisonment and five years of suspended execution) is too unfortunate and unfair.

2. Determination on the defendant's case

A. As to the assertion of mistake in the fact of forced indecent act, the lower court’s judgment 1) comprehensively taking account of the following circumstances, the evidence submitted by the prosecutor alone proves that this part of the charges was proven without reasonable doubt.

It is difficult to see

Considering this part of the facts charged, not guilty was pronounced.

A) The J did not directly report that the Defendant was her her her butt, and did not directly state the Defendant as an offender (J did not object to the Defendant only because there was no person who was her at the stamp, but who was her at the stamp, was her at the stamp.

However, as the defendant neglected without her care, the J seems to see his her her her her her her her her her her her her butt.

The purpose was to show the defendant's friendship E, which was next to the defendant.

E. This means E.

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