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(영문) 대전고등법원 (청주) 2017.02.02 2016노186
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the instant facts charged, did not take charge of misunderstanding of facts or misunderstanding of legal principles, and did not take charge of next ruptures.

However, there is only a fact that a shoulder is broken to attract victims.

The defendant's act not only does not constitute an indecent act but also did not have an intention to commit a criminal act against the defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination:

A. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s indecent act against the victim is sufficiently recognized as stated in the instant facts charged.

(1) The injured party has consistently stated the major parts of the facts charged, such as the process of prosecution from an investigative agency to the court of the original trial, and the circumstances before and after the trial, and there is no special reason to suspect the accused.

② At the investigative agency, a witness, J also left the witness “if there was three people working on the part of the defendant. The young male was seated with the male (defendants) who was aged and young female (victims) who left the si and left the si, and was seated with him. The male (defendants 211 side of the evidence record), “(defendants 211 side of the record),” and the female (victims) was left the seat of the male, and the female was her seated by him. The male was her seated with the knife of the knife of the female, and “(44 side of the evidence record)” was brought up by the victim from the court of the lower court to the right side of the (defendants 1).

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