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(영문) 부산고등법원 2019.01.16 2018노554
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In spite of the absence of an indecent act against the victims, the lower court found Defendant 1 guilty of all the remaining charges except for the violation of the Child and Juvenile Protection Act (Indecent Act, such as deceptive means, etc.) in the course of doping with respect to B in spite of the fact that the Defendant committed an indecent act against the victims, there is an error of misunderstanding of facts. 2) The lower court’s sentence of unfair sentencing is too unreasonable.

B. The prosecutor added the assertion of unfair sentencing in the court of the trial, but the prosecutor’s prosecutor’s assertion after the submission period of the statement of grounds of appeal, and thus cannot serve as a legitimate ground of appeal.

As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Fraudulent Means, etc.), the judgment of the court below which acquitted the victim of this part of the charges is erroneous in the misapprehension of the legal principles as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

2. The Defendant also asserted the same argument in the lower court, and the lower court rejected the Defendant’s assertion by stating in detail the decision on the assertion of mistake of facts.

In addition to the following, the court below's decision is just and there is no error of law by mistake of facts, such as the grounds for appeal.

This part of the defendant's assertion is without merit.

(1) The defendant asserts to the effect that there was no change between victims due to vehicle operation.

However, in the police and the prosecution, the Defendant stated to the effect that “If a victim B was entered in the Taekwondo book before the victim B, there was a period of time to run with the Defendant, and that the victim B was satisfyed with the victim B in the office,” and that “ There was only twice the enemy who was satisf with the victim F.”

In light of these statements, there is a little difference in the date and time.

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