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(영문) 서울고등법원 (춘천) 2016.03.23 2015노258
아동ㆍ청소년의성보호에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

As the gist of the grounds of appeal cannot be seen as assault in the crime of indecent act by mistake of the facts of the defendant or misapprehension of the legal principles, it cannot be said that the crime of indecent act by force is not established even if it constitutes a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act in a densely

The sentence of the court below's unfair sentencing (the sentence of 2 years of the suspended sentence of 10 months, protection observation, community service 120 hours, 80 hours alcohol treatment lectures, 40 hours sexual assault treatment lectures) is too unreasonable.

It is illegal to exempt the defendant from an order to disclose personal information by misunderstanding the prosecutor's law.

The sentence of the court below's improper sentencing is too unfortunate and unfair.

Judgment

In fact, an indecent act by force against mistake or misapprehension of legal principles includes not only an indecent act committed after the other party makes it difficult to resist by means of assault or intimidation, but also an indecent act committed by the body of the victim. In this case, assault is not necessarily required to suppress the other party's intent, but also a tangible force against the other party's will. (See Supreme Court Decision 2001Do2417 delivered on April 26, 2002). According to evidence duly adopted and examined by the court below, the defendant sits on the side of the victim's seat seat on the side of the bus, and the victim was unable to stop until the victim left the stop until the bus stops, such as the victim's driver's hand, while the bus was driven on the road.

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