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(영문) 서울고등법원 2013.09.27 2013노1869
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts reveals that the victim’s arms and bucks were fuckbucks by hand, but there was no fact that the victim’s chests and bucks were fucked. 2) The lower court’s sentence of unfair sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion of misunderstanding of the facts in detail on the ground that the Defendant had the same assertion as the grounds for appeal in this part, and under the title “determination of the Defendant and the defense counsel’s assertion” in the said judgment.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the judgment is justified, and this part of the defendant's assertion is without merit.

B. The crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor is a crime of significantly poor nature and social risk because the Defendant, a private taxi driver, committed the crime of this case, committed the crime of this case on the grounds that the Defendant, who is a juvenile under the age of 15, committed a duty to safely leave passengers to destination, and the victim, who is a juvenile under the age of 15, committed an indecent act on the victim's chest and fel at night, using a situation in which the victim did not resist within the vehicle in operation, she scar at night scar, scards the victim's own cab at night, and she committed an indecent act on the victim's chest and fel at night. The Defendant’s mental or physical shock caused by the crime of this case seems to be considerable. The Defendant denies the victim's fault and constantly denied the victim's mental or physical shock, and thereby, the victim aggravated suffering from the victim's name by attending the court as a witness, and the victim's age, character, environment, motive and circumstances before and after the crime.

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