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(영문) 대전고등법원 2014.10.31 2014노455
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment below

On October 17, 2012, the part on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse was committed.

Reasons

1. Scope of the deliberation of the political party;

A. The summary of the facts charged in the instant case was known that the Defendant was a public official of Grade C in Daejeon 6, and that the victim D (the age of 16) was set off around 08:00 each day to go to a school in the Yongsan-dong, Seo-gu, Daejeon, Seo-gu, Daejeon (hereinafter referred to as the “VAF”) in order to go to a school, and that the Defendant was willing to commit indecent act on the bus by force.

1) On October 15, 2012, at around 08:00, the Defendant boarded the bus No. 604 depending on the victim, and met with the victim’s her tam, her tam, and stored the victim’s tam in the Defendant’s inner part, with the victim’s tam. (2) around 08:00 on October 16, 2012, the Defendant boarded the victim on the bus No. 604 depending on the victim’s her bus No. 604, with the victim’s tam, and got the victim to talk with the Defendant’s sexual part.

3 Around 08:08 on October 17, 2012, the Defendant boarded the bus No. 604 depending on the victim, and subsequently, the Defendant sent the victim’s chest by inserting his hand into the bridge booms of the victim himself.

Accordingly, the defendant committed an indecent act on the part of the juvenile victim more than three occasions in total.

B. The lower court found the Defendant guilty of all the charges of this case against the Defendant and sentenced the Defendant to a suspended sentence of ten months with prison labor.

C. The lower court prior to the remanding of the summary of the lower judgment prior to the remanding of the case, found the Defendant guilty of each indecent act committed on October 15, 2012 and October 16, 2012 among the facts charged of the instant case. The part on the indecent act committed on October 17, 2012 is difficult to view that the Defendant exercised the tangible power against the victim’s will. However, in a case where there is no other evidence to prove the facts charged of indecent act, the relevant facts are identical to the facts charged, and thus, within the scope recognized as identical to this part of the facts charged.

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