(영문) 서울고등법원 2013.09.26 2013노1386 | 리걸엔진

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(영문) 서울고등법원 2013.09.26 2013노1386

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (guilty part of the judgment of the lower court) 1) Compared to a mistake of fact, and a person requesting an attachment order (hereinafter “Defendant”) is limited to the Defendant and the respondent.

(2) The court below found the Defendant guilty of this part of the facts charged based on the victim’s statement, and found the Defendant guilty of this part of the facts charged. The court below erred by misapprehending the legal principles on mistake of facts, which affected the conclusion of the judgment. 2) The sentence of the court below on the grounds of unfair sentencing (a fine of KRW 10 million, and completion of sexual assault program 40 hours) of the court below is excessively unreasonable, because it is unreasonable to see that the Defendant was guilty of this part of the facts charged, in light of the following: (a) the victim’s failure to take part in the entertainment planning company, as a general team leader of E, was friendly in order to enhance friendship in terms of the victim’s guidance and management, who is a member of the group who is a member of the group under exclusive exclusive contracts, and there was no indecent act by the victim.

B. A prosecutor 1) part of the Defendant case case: (a) there is a part in which the victim’s statement in the misunderstanding of facts (not guilty part of the judgment of the court below) is embodied in time; (b) there is a somewhat exaggerated content; however, it is sufficient to find guilty of the indecent act by compulsion in light of the circumstances within the planning company or the witness F and G’s statement at the time. However, the court below erred in finding the Defendant not guilty of this part of the charges due to the misunderstanding of facts (B) the sentence of the court below on the grounds of an unreasonable sentencing (guilty part of the judgment of the court of the judgment of the court of the unfair sentencing) is too unreasonable, since the Defendant committed two or more sexual crimes and the risk of recidivism exists, it is improper to dismiss the Defendant’s request for the attachment order of this case.

2. Part of the defendant's case

(a) the defendant;

유사 판례

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