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(영문) 대전고등법원 (청주) 2013.12.05 2013노137
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not commit an indecent act against the above victim on the grounds that the Defendant 1 was merely able to sit in the right side of the victim E by putting the arms of the victim E, such as facts constituting an indecent act on the part of the victim, leaving the left side of the shoulder, and making the victim wear the victim’s chest on one occasion with the right hand.

(2) The lower court’s sentence of a fine of KRW 15,00,000 against the Defendant claiming unreasonable sentencing (the number of sexual assault treatment programs 40 hours) is too unreasonable.

B. The lower court’s punishment (a fine of KRW 15,00,000, and a sexual assault treatment program of KRW 40 hours) against the Defendant by the prosecutor is too uneasible.

2. Determination

A. The Defendant denied this part of the facts charged while asserting the same purport in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, and the lower court rejected the Defendant’s defense by rendering the following judgment based on the evidence duly adopted and examined by the lower court.

“The victim’s statement is reliance on the victim’s statement, including the victim’s place of damage and the statement about the offender’s behavior, by clearly and in detail describing the damage situation and the process, and the victim’s statement is made at each time and place stated in the facts constituting the crime of F, G, and H, which was present at the time of the crime of this case, and the defendant sits in his own side by drawing the victim’s arms in his own seat, and the victim goes out to report his sexual indecent act, and the contents of the statement are consistent with the victim’s statement (the defendant also acknowledges all these circumstances from the investigative agency to the court of this case).

In light of the fact that there is no circumstance to see that the victim merely a middle student had made a bad testimony or false facts against the defendant, the defendant and the defense counsel can be sufficiently recognized, as stated in the criminal facts in the judgment of the defendant.

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