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(영문) 광주고등법원 (전주) 2021.02.17 2020노190
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

Although there was no misunderstanding of the substance of the grounds for appeal and misunderstanding of the legal principles, the lower court found the Defendant guilty of the victim’s statement without credibility as evidence, so the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

The punishment of the court below (two years and six months of imprisonment, four years of suspended execution, 40 hours of lecture for treatment of sexual assault, community service 120 hours, 3 years of employment restriction order) is too unreasonable.

In the lower court’s determination on the assertion of mistake and misapprehension of legal doctrine, the Defendant also asserted the same content as the grounds for appeal in this part, and the lower court, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated, held that the victim’s statement is credibility, and accordingly, can be acknowledged that the Defendant committed an indecent act by force against the victim.

We did not accept the Defendant’s assertion.

F (the mother of the injured party) April 26, 2019: “The mother of the injured party, who knows that the Defendant is slick in the inner part of the Seodaemun on April 25, 2019, is slick.”

It appears that “Indecent act against the victim” was reported 112.

The victim was subject to clinical psychological assessment in E on May 21, 2019, and was investigated on July 31, 2019, and was under investigation on July 31, 2019, and “the defendant is slive to slick” as to the circumstances at the time of the first crime

“Indecent conduct with water” and consistently stated that “Indecent conduct was committed.”

The defendant also recognized that the victim was aware of the above fact at the time of the crime of this case.

F’s “The Defendant reported on April 26, 2019 that “the Victim’s chest seems to have taken two times,” the Defendant reported on April 26, 2019 as follows: “F reported on the grounds of appeal that “F reported that the Victim’s chest seems to have taken two times with the Victim’s chest’s finger.”

However, the statement of 112 reported case in the 1st page of the evidence record No. 16 of the evidence record does not contain the contents of “satisfe”.

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