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(영문) 부산고등법원 2016.06.01 2016노194
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have an intention to commit an indecent act against the victim, the lower court found the Defendant guilty of the facts charged in the instant case.

B. It is unfair that the sentence of the lower court’s sentencing (one year of suspended sentence in two and half years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant asserted the same purport as the allegation in this part of the judgment below, but the court below rejected the Defendant’s assertion on the grounds that the victim’s statement is highly specific and consistent, and found the Defendant guilty of the charges

In full view of the evidence duly adopted and examined by the court below, the court below's decision is just and acceptable, and there are errors as claimed by the defendant, in light of the following circumstances: (a) the whole process of the facts charged in this case; (b) the victim's statement about the victim's speech and behavior, the fear and physical response that the victim had been the victim at the time; and (c) the victim's statement about the circumstances after the case, etc., are consistent with the specific facts recognized by the specific defendant in detail; and (d) the victim has brought about trust in good faith even before several years; and (e) it is difficult to find the motive

It is difficult to see it.

Therefore, we cannot accept this part of the defendant's assertion.

B. As to the Defendant’s wrongful assertion of sentencing, there is a relatively minor degree of indecent act in the instant crime, and there is only a long-term criminal record that the Defendant was punished once, and there is no record of the same crime, and the victim did not want the punishment against the Defendant. However, the victim who was aware of the considerable period of time and who was under a trust relationship with the Defendant to a certain extent is the victim.

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