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서울고등법원 2013.11.07 2013노2693

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged in this case, even though there was no fact that the defendant committed an indecent act against the victim by force and did not have committed an indecent act in the course of aiding and abetting the victim's attitude in order to correct the victim's attitude, is erroneous in the misunderstanding of facts.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below also asserted the same purport as the above reasons for appeal, and the court below rejected the above assertion in detail on the defendant's assertion and its decision under the title "a judgment on the defendant and his defense counsel's assertion" in the written judgment.

Examining the judgment of the court below closely and after comparison with the evidence, the judgment is just, and further, the following circumstances recognized by the court below in addition to the grounds stated by the court below, i.e., (i) if the victim was forced by force from the defendant's office to make a sexual act similar to that of the defendant, if the victim's male-child group was forced by force from the defendant's office, the victim's failure to receive the phone can not be obtained when the victim was made. However, at the time, the victim seems to have been considerably yellow and hot due to the defendant's unexpected behavior in a narrow office, and the telephone seems to continue from the victim's male-gu to stop his indecent act and return the victim (the defendant also stated by the prosecutor that "to wait for the victim," and that "the fact that "the victim was called as "the victim," and that "the victim was called as soon" (Evidence record 61 pages)"), etc., it can be sufficiently acceptable that the victim did not receive the phone from his own male-gu.