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(영문) 서울고등법원 2019.03.22 2018노3329
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts, even though there was a fact that the victim’s sexual organ was her hands over, the Defendant did not directly look at the victim’s sexual organ by hand after the victim’s panty and panty.

Furthermore, the defendant's act of deceiving the victim's sexual organ by hand does not constitute a indecent act by compulsion against good sexual morality and thus, the defendant did not have the intent of indecent act by compulsion.

(2) The sentence imposed by the lower court (three years of imprisonment, four years of suspended execution, etc.) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. (1) The judgment of the court below on the Defendant’s assertion of mistake of facts was also the same as the grounds for appeal in this part.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court under the title of “determination on the argument of the accused and the defense counsel,” the lower court determined that the credibility of the victim’s statement can be recognized, and that the Defendant may be sufficiently recognized of the facts constituting an offense in the lower judgment, since the intent of the indecent act is also recognized. ① Determination on the credibility of the victim’s statement ① The victim’s statement contains consistent and distinctive matters that are difficult to make statements in light of the empirical rule, and there are no especially contradictory or unreasonable parts among the contents of the statement.

On September 6, 2017, the victims of the crime were the victims of the crime and the victims of the crime. On the other hand, on the back of the defendant's house, the defendant was seated back to the ward so that he can come up on the victim's fry and panty.

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