(영문) 서울고등법원 2017.12.15 2017노1702 | 리걸엔진

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(영문) 서울고등법원 2017.12.15 2017노1702

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In addition to the crime No. 1 of the List of Crimes No. 1 and No. 2 of the List of Crimes No. 1, the victim was forced to commit an indecent act against the Defendant when the victim completed leading activities and arranged clothes at the police.

was stated.

However, the Defendant provided guidance and guidance on leading activities from 08:0 to 08:20, and the starting time of class is 08:20 minutes, taking into account that the victim was forced to commit an indecent act from the Defendant, the Defendant was unable to have the student poor at the time when the victim was forced to commit an indecent act.

Therefore, even though the victim's statement of damage should not be reliable, the court below found the defendant guilty of the above facts charged.

B) Of the crime No. 1, the victim of the annexed crime No. 3 of the annexed crime list No. 3 in the annexed crime No. 1 was in the police station, “at that time, there was no bbbbbbbling boom, there was a tension in that place, and there was one person in the next part of the adjacent breater.

“After having made a high statement, it was time to wear a uniform at the time, and was in the second year.

‘Written argument' was made.

In a case where a bread sbaker has occurred in a school, the victim was in the second year of 2015, and the victim was forced indecent act in 2014 when there is no bread sbaker.

In 2015, a person was forced to commit an indecent act after having made a statement again, and after a bread scam was made.

There is no consistency in the statements, such as statements.

Therefore, even though the victim's statement of damage should not be reliable, the court below found the defendant guilty of the above facts charged.

C) The victim of the crime No. 2 stated that he was the victim of the crime in the police that the defendant tried to take out his name tag and told the defendant's hand in his name.

The statement made by the victim is that the defendant did not put the victim's hand into the victim's left chest.

Nevertheless, the above charges are guilty.

유사 판례

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-대전지방법원 2017.01.25 2016노2002

-부산지방법원 2015.08.21 2015노1765