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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.06.19 2014노3890
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not prevent the victim from leaving the victim by putting the arms and shoulder of the victim, and there was no fact that the defendant did not look at the victim, or did kisk, on the part of the victim.

또한 피해자의 볼에 피고인의 볼을 부볐다고 하더라도 이는 추행에 해당하지 않는다.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. A victim of a mistake of facts and misapprehension of legal principles consistently stated in the investigation process that the Defendant and the Defendant had consistently obstructed his front and prevented the Defendant from leaving his arms and shoulder. At the time of damage, the Defendant stated that the Defendant had kisck on his buck in a very detailed manner, and there is no contradiction in the statement and credibility.

On the other hand, while the Defendant consistently stated from the investigative agency to the court of the court below that there is an empty fact in view of the victim’s view, it is difficult to recognize the credibility of the Defendant’s statement because it is difficult to recognize the credibility of the Defendant’s statement because it is difficult to view the victim’s own view in the left clock of the victim in the trial. In light of the Defendant’s age, occupation, academic background, etc., the possibility of the Defendant’s false statement seems to be low due to the strong atmosphere in the investigative agency

Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below on the statement of the victim with credibility as above, the defendant set the front of the victim E (name, 10 years of age) who was a minor, who had completed the school and returned home to the school, and prevented him from wearing his arms and shoulder, and "one son, in respect of the spirit of width, shall go through the son if he believe one son, she must go through the son," and then recognize the fact that she kis on the part of the victim's left her, and the defendant her kis on the part of the victim.

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