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(영문) 서울고등법원 2014.01.09 2013노3368
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the Defendant’s prosecution on the violation of the Labor Standards Act among the facts charged in the instant case, and convicted the Defendant of violating the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case.

Since only the defendant appealed on the guilty portion on the ground of mistake of facts and unreasonable sentencing, the dismissal of public prosecution in the judgment below has become final and conclusive after the period of appeal expires.

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

2. Summary of grounds for appeal;

A. The Defendant did not have any fact that there was a buckbucks inside the victims around December 6, 2011.

B. The sentence imposed by the court below on the defendant (such as a fine of four million won) is too unreasonable.

3. Determination

A. (i) According to the evidence duly adopted and investigated by the lower court, the following facts and circumstances are acknowledged.

① The victims consistently stated from the investigative agency to the court of the court below that “the Defendant’s work room operated by the Defendant at around 17:00 on December 6, 201, where the victims worked, was inside the victim’s bucks.” The victims made a concrete and detailed statement on the Defendant’s speech and behavior or the circumstances at the time of the crime, and thus, the victims’ above statements cannot be found to be false.

② The Defendant under investigation conducted by the prosecution, and there is no fact on December 6, 201 that the wals that the wals that the walks to the wals that the walks to the wals that the wals would go to the wals that the wals were raised on the wals of the wals. The wals that the wals were raised on the end of October 201. However, the wals that the wals did not have any fact on the date on which the wals were asserted by the wals.

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