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(영문) 서울고등법원 2019.02.01 2018노3092
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

Defendant

In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime against the victim C (criminal facts in the judgment of the court below), the defendant and the respondent for probation order (hereinafter "defendant") are only detached from the victim's face, and face is not unfolded.

The defendant, without any compulsory threat or physical contact, refers to "wald the side" to the victim without any compulsory threat or physical contact, and, in the process of again demanding the victim's refusal to do the above act, he left the scene after immediately removing his face from the victim's her her her her her her her her her her her her her her her her her her her her her her her her her

Nevertheless, the judgment of the court below that found this part of the facts charged is erroneous and misunderstanding legal principles.

B) As to the crime against the victim F (criminal facts in the original judgment), the Defendant only asked the victim to “spawn spawn.” without any compulsory threat or physical contact, and requested the victim to “spawn knee, knee, knee and knee, and knee the victim’s knee in the process of re-requesting the victim’s refusal to do so.” Therefore, it is difficult to view it as an indecent act. Since the victim was waiting to believe the victim’s speech to be spawn from the stairs, and left the scene without stopping the victim’s speech, it is difficult to see that the victim’s new kne is a threat of the Defendant’s power. Nevertheless, the lower court’s judgment that recognized this part of the facts charged is erroneous by misapprehending the legal principles and misapprehending the legal principles.

(b)an inspector 1.

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