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(영문) 서울고등법원 2013.06.14 2013노1112
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there is a kick by the victim of a mistake of mistake, there is no fact that the defendant laid in the victim's kick, and there is no indecent act by putting the defendant into the victim's entrance.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged in the trial before the judgment on the grounds for appeal ex officio. The prosecutor applied for changes in Article 2 of the facts charged in the trial to the effect that “the defendant, at around 16:00 on June 2012, 201, allowed the victim who opened the television from the above "D, kiddd by the victim, and forced the victim to kid by scke the victim, kids, kid by the victim,” and paragraph (3) of the facts charged, “The defendant, at around 16:00 on June 20, 2012, kid the victim who opened the television from the above "D, kid by kid the victim, and kid by force.” Since this is subject to the judgment by this court, the judgment below was no longer maintained.

Although the judgment of the court below has such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court.

B. We examine the facts charged that the Defendant committed an indecent act by inserting the victim’s entry into the victim’s admission (hereinafter “this part of the facts charged”).

해바라기 여성 아동센터에서 피해자와 대화한 내용을 녹화한 녹화CD와 이를 녹취한 조서속기록에는 피고인이 혀로 피해자의 혀를 핥았다는 취지의 진술만이 있을 뿐이고, 피해자는 그 당시 혀를 내밀고 있었다고 진술하다가 안 내밀고 있었다고 진술하는 등 진술 내용이 일관되지 않으며, 피고인이 피해자의 입 안으로 혀를 집어넣었다는 진술은 찾아볼 수 없다.

In addition, this part of the statements made in the original judgment of F by the mother of the victim.

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