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(영문) 대전고등법원 2019.05.03 2018노527
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that it is difficult to view that the victims of the first year of the middle school are emotionally sensitive and have established sexual identity and values with female students; the defendant sufficiently friendlyly formed to the extent that they should have physical contact with the victims; ① In the case of the crime against victim D, the bucking body part of the bucking body and theless physical contact with the victims; ② the defendant was sufficiently aware that the bucking body part of the victim was met; ② in the case of the crime against the victim E, it is difficult to see that the middle school student's act of taking charge of the bucking and selling the victim's shoulder is objectively above the victim, or that it is difficult to see that the defendant's act of assaulting the victim's body cannot be seen as an indecent act even after the victim's age of 13, because it is hard to see that the defendant's act of assaulting the victim's body cannot be seen as an unlawful act of the victim.

2. The lower court determined the victims.

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