(영문) 부산고등법원 2020.10.29 2020노78 | 리걸엔진

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(영문) 부산고등법원 2020.10.29 2020노78

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 7,000,000.

Reasons

1. Summary of grounds for appeal;

A. The Defendants: misunderstanding of facts and misapprehension of legal principles; 1) Defendant A: Defendant A’s statement of the guilty part contains no consistency or ambiguous and common sense, and it is difficult to fully trust it. In light of the developments leading up to the occurrence of the instant case or the mutual relationship between the victims and the Defendant A, it cannot be ruled out that the victims reported false or exaggerated damage due to the emotional solidarity with the victims of the injury caused by the emotional injury to the individuals. Nevertheless, the judgment of the court below which found the victims guilty of the facts charged against the victims under the credibility of the statements made by certain victims. In addition, the lower court erred in the misapprehension of legal principles as to the establishment of the crime of indecent act by compulsion, even though it was difficult to find that Defendant A’s act cannot be evaluated as indecent act by force, or that there was the intent of indecent act by Defendant A committed by the victims, in view of the developments leading up to the occurrence of the instant case or the mutual relationship between the victims and the victims of the instant accident and the victims of the injury caused by a false or exaggerated conspiracy with the victims caused by the injury.

Nevertheless, the judgment of the court below which found certain victims guilty of the facts charged against the victims based on the reliable statement of the victims is erroneous in the misconception of facts.

In addition, in light of the current situation, Defendant B’s act cannot be evaluated as a indecent act by compulsion, and the judgment of the court below otherwise erred by misapprehending the legal principles on the establishment of indecent act by compulsion.

B. The prosecutor’s mistake of facts: The lower court only stated to the effect that some victims feel somewhat displeasure or cruelly regarding the Defendants’ acts, and made a sexual humiliation or sense of sexual humiliation.

유사 판례

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-서울중앙지방법원 2006.2.2.선고 2005노1526 판결

-서울고등법원 2017.10.27 2017노2525

-서울고등법원 2021.01.14 2020노1101

-광주고등법원 2020.02.20 2019노134