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(영문) 서울고등법원 2016.05.03 2016노37
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the facts charged of the instant case is as follows: around 18:40 on August 20, 2015, the Defendant discovered the victim D (age, 14 years old), E (age, 14 years old), a juvenile who walked behind the Gangdong-gu Seoul Metropolitan Government road, and is a child and young at the same time, and discovered the victim D (age, 14 years old) and E (age, f), the victims run away from the victim’s shoulder, and fash the victim D’s shoulder, and fash the victim D with “fashing,” the victim E fabs, and fabs the victim E with his/her own hand, and fabs the victim’s son and fabs the victim D and fabs the victim’s sex, and fabs the victim E by force.

Since then, when the victims reported to the police, the victims got out of the spot again, and the victims met with the victim E's own hand, and the victim E who resisted to resist.

Accordingly, the defendant committed an indecent act against the victims who are children or juveniles.

2. The judgment of the court below by comprehensively taking account of the adopted evidence, recognized the defendant's act as described in the facts charged of this case against the victims, and recognized that the defendant's act of drinking the victim Eul's ships was committed after drinking the victim Eul. <1 The defendant's act of drinking the victim Eul's hand does not constitute an indecent act infringing the victim's sexual freedom, and the defendant's act of forcing the victim Eul's hand toward the victim's sexual flag by forcing the victim's hand does not constitute an indecent act, and it cannot be deemed that the defendant committed an indecent act, and ② The defendant committed an indecent act after drinking the victim's left part by hand, and ② The defendant committed an indecent act after drinking the victim's hand, and ③ the defendant's act of drinking the victim's ship or shouldering the victim's hand, etc. was aware that the victim was the victim's multiple and it was an indecent act.

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