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(영문) 서울고등법원 2015.09.18 2015노1873
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Even if there was a mistake of fact that the defendant had contacted the victim's body, such an act cannot be deemed to constitute "indecent act" in the crime of indecent act by compulsion, and the defendant did not have the intent to commit indecent act

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

2. Determination

A. In light of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below found that the defendant committed an indecent act against the defendant in light of the behavior of indecent act and the circumstances before and after the commission of the act of indecent act, etc., and recognized that the defendant's act of the victim caused sexual humiliation or aversion to the general public as stated in the facts of the crime in the judgment below, and violated the victim's sexual freedom as an act that objectively causes sexual humiliation or aversion to the general public and goes against good sexual morality. Thus, the court below determined that the defendant committed an indecent act in light of the behavior of indecent act and the circumstances before and after the

In light of the circumstances acknowledged by the court below, the court below's finding of facts and its determination are just, and there is no error of law by misunderstanding the facts as alleged by the defendant, in light of the following circumstances acknowledged by the court below and the court below based on evidence duly adopted and examined by the court below.

This part of the defendant's assertion is without merit.

① The lower court determined that the witness’s statement is reliable after directly reporting and observing the appearance and attitude of the witness at the time when the witness was examined as a witness and witness G, consistency in the statement, clarity, degree of compliance with the contents of the statement made by the victim and witness G at the time of the statement, etc., and then the victim and witness G’s testimony are limited to three times due to the victim’s own loss, etc. as indicated in the facts of the crime in the lower judgment.

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