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(영문) 서울고등법원 2017.01.12 2016노3031
강제추행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendant forced the victim to commit an indecent act and injury, the lower court convicted the Defendant of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In the case of the crime of bodily injury resulting from an indecent act by force as to the assertion of facts, the result includes not only cases where the crime of indecent act by force was committed by the indecent act itself or by force, but also cases where the act resulting from forced indecent act was committed (see Supreme Court Decision 2001Do7053, Mar. 15, 2002). Meanwhile, if the injured party’s body is extremely minor and the injured party’s body needs not be treated, and there is no difficulty in daily life even if treatment is not performed, and the injured party’s body or body is naturally cured after the passage of time, it cannot be deemed that the injured party’s physical health condition was changed or that the injured party’s life function was hindered, and thus, it cannot be deemed that the injured party’s physical injury was injured in the crime of indecent act by force. However, such argument is based on the premise that the injured party’s physical injury and health should be determined lawfully by the Supreme Court’s age of 20 years, and that the injured party’s physical injury should be determined based on the objective condition that the injured party’s body or physical injury should be adopted.

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