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(영문) 광주고등법원 2015.04.30 2015노122
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for a period of four years from the date this judgment became final.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts or misapprehension of legal principles, the judgment of the court below which judged that the defendant was not guilty of approximately 200 meters away from the rear parking lot in the Seo-gu in Gwangju-gu, Gwangju-gu, but there is a law that affected the conclusion of the judgment due to misunderstanding of facts or misapprehension of legal principles. (b) The court below's sentence (4 years of imprisonment with labor for a two-year period) against the defendant is unfair. 2. The defendant's statement in this court (the defendant stated in the court of first instance that "I would like to see the purport that the defendant would have recognized the same as the victim's assertion)", the police statement of the victim, the message sent by the male victim to his father-gu, the message, the video image of the G coffee shop, etc., and then the fact that the defendant could be found to have been found to have been sexually 200,000,000 won away from the Seo-gu apartment lot."

3. The prosecutor’s appeal against the acquittal portion of the lower judgment is with merit, and this part is related to the crime of abduction of minors which the lower court found guilty and one of the concurrent crimes under the former part of Article 37 of the Criminal Act with other crimes. Therefore, one sentence must be sentenced.

Therefore, without further proceeding to decide on the remaining grounds of unfair sentencing by the Defendant, the lower judgment is entirely reversed under Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered as follows.

Criminal facts

the court is authorized by this court.

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