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(영문) 서울고등법원 2016.06.16 2016노871
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, by mistake of fact, committed an indecent act with the intention to commit the act by force, the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by mistake of fact.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of facts comprehensively adopted and examined the evidence that the court below duly adopted and examined, that is, ① the defendant and the victim met the relation on the road at the time of the instant case, ② the victim was a juvenile under the age of 16, and ② the victim was a juvenile under the age of 16, who returned to the house at the time of the instant case, ③ the victim et al., and ③ the victim et al. following the victim et al. who want to enter the house to leave the house, left the son's house and her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'.

B. It is recognized that the defendant has partially divided his or her mistake in determining the unfair argument of sentencing, and that the defendant agreed with the victim.

However, the defendant committed the crime of this case during the period of repeated crime, and the defendant committed the crime of this case.

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