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(영문) 서울고등법원 2014.12.12 2014노2017
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles, the Defendant’s act of kneeing the victim, or making the victim knick, constitutes an indecent act in itself, and the act of assault itself constitutes an indecent act. Even if the Defendant’s act is not acknowledged as a tangible force against the victim, even though the Defendant’s act may constitute an indecent act by force or deceptive scheme, the lower court omitted its judgment. (ii) The lower court’s punishment of unfair sentencing and exemption from disclosure notification order is unfair because it is too uneasible, and the Defendant is exempted from disclosure notification order, barring special circumstances

B. Although the Defendant had danced with the victim on September 18, 2012, the Defendant was not forced against the victim’s will.

2. Determination

A. 1) Judgment on the Prosecutor’s argument regarding the prosecutor’s assertion 1) ex officio prior to the judgment on the grounds for appeal on this part of this part of the judgment, the prosecutor, at the trial court, committed the Defendant’s indecent act by force against the juvenile victim on a total of 18 occasions from August 21, 2012 to September 17, 2012 among the facts charged in the instant case, the name of the offense was in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, “Indecent Act,” and the applicable provisions of law were “Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse,” and the judgment on the charges in this part cannot be maintained any more.

The arguments of the defendant and prosecutor concerning the changed facts charged are examined in the following paragraphs.

The summary of the charges was that the Defendant was aware of the victim FF and 17 years of age while guiding the subjects of the three-year high school in preparation for university drama film and entrance examination at the 'E in Seoul Special Metropolitan City D' in spring around 2012.

The defendant around August 2012.

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