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(영문) 광주고등법원 2015.07.09 2015노206
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below which found the Defendant guilty of all the charges of this case on the grounds that the testimony of the victims of misunderstanding of facts and witness did not coincide with each other in the place where the testimony of the victims of misunderstanding of facts was made, and there was an error of law in misunderstanding of facts) the judgment of the court below which found the Defendant guilty of all the charges of this case

B. The judgment of the court below that exempted the Defendant from the order of disclosure and notification of the Defendant’s personal information, in the absence of any special circumstances, is too minor.

2. Determination

A. The court below found the defendant and defense counsel's assertion that the defendant did not commit an indecent act against the victims on the date and time of the judgment of the court below. The defendant and defense counsel's assertion that the victims and witnesses had consistently engaged in indecent act against the victims, and the contents of the defendant's testimony coincide with each other. In the absence of the defendant's indecent act, it is difficult for the victim F to explain the situation that the witness I sent the victim's own singing machine to the police after the victim F, and it is difficult for the victim F to explain the situation that the witness I reported to the police without any specific and direct experience. The victim's testimony was reported to the police immediately after the victim's singing and singing, and there is no room for false intervention by the victim and witness in the victim's statement, and there is no reasonable ground to believe that the victim's testimony and witness should be false, and each of the facts charged are credibility and credibility by the evidence of each case.

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