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(영문) 서울고등법원 2018.06.01 2018노903
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the grounds of appeal, the Defendant who misleads the Defendant of the facts, as to the facts charged of this case, as indicated in the judgment below.

(a) 1) and (b), c);

Although the part of the crime of interference with the official duties was alleged to be erroneous, the above argument was withdrawn on the second trial date of the trial of the first instance court, and only on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by a minor under the age of 13) and on the injury caused by violence, the court stated that it was the purport that the overall determination of sentencing is alleged to be improper

1) The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against a minor under the age of 13) did not have kis on the left side of the victim M(7 years), and the father of the above victim did not have the victim kisced against the above victim.

2) The victim P(5) of the injury caused by violence did not go beyond the kickboard to the kick, and the defendant did not go beyond the kickboard to the subsequent kicker.

B. The sentence sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the court below is justified in finding the Defendant guilty of this part of the charges, and there is no error of misconception of facts alleged by the Defendant. In so doing, the court below did not err by misapprehending the facts alleged by the Defendant.

① 피해자는 경기 북서부 해바라기센터에서 “ 아빠랑 호수공원에 자전거 타러 가려고 자전거를 새로 샀는데, 안장이 푹 신하지 않아 아빠가 안장을 푹신푹신 한 것으로 사 오고 주스를 사 온다고 했다.

Therefore, the bicycle is protected in the front of LA.

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