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(영문) 서울고등법원 2013.05.02 2013노345
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In full view of the overall purport of the grounds of appeal submitted by the defense counsel for mistake of facts, the defendant seems to have claimed mistake of facts as well as unreasonable sentencing

At the time, the defendant did not know exactly because he she sleeps in the sobane, but did not intentionally slick the body of the victim.

B. In full view of the background of the instant case’s assertion of unreasonable sentencing, the Defendant’s power, etc., the lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.

2. Summary of the facts charged and judgment of the court of original judgment

A. The summary of the facts charged seems to be that on February 26, 2012, the Defendant stated in the investigative agency that “the victim took part in the Defendant’s house at Saturdays ( February 25, 2012) and took part in the Defendant’s office on February 25, 2012, the victim was committing indecent act on the following day.” At the time, it appears that the victim living in the local area was in the Defendant house using the weekend. Considering the fact that the Defendant was drinking with the beer on February 26, 2012, immediately before the occurrence of the instant case, the date of the instant case appears to be “the date of February 26, 2012.”

From 02:0 to 03:00, at the small room of the defendant's house, who was in operation 101 of Suwon-si Creging operation of Suwon-si Creging operation 101, the wife D (the 12 years of age) had the mind to make indecent acts by force by force.

The Defendant, who dumped on the victim’s side, by putting his hand into the victim’s clothes, and rhumd the victim’s clothes, and rhumd and rhumd the victim’s buckbucks. In so doing, the Defendant committed indecent acts by force on the victim’s relatives.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds of the victim’s statement at investigation agencies, etc.

3. According to the records of the basic facts, ① the Defendant’s wife (G) victim (G) was able to stay together with two Dong students on February 25, 2012; ② the Defendant’s wife was a large bank, a small bank, a ward, a room, a kitchen, or a bath.

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