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(영문) 대전고등법원(청주) 2020.10.29 2020노12
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal of the grounds for appeal shall be considered to the extent of supplement in case of documents submitted after the grounds for appeal are not timely filed;

A. Defendant 1) misunderstanding of facts (Defendant 1) 1: (a) during sports classes, the Defendant committed physical contact with the victims in order to correct the attitude by putting the deaf-gu and implements, and thus, did not have any intention to commit an indecent act; and (b) sought prior understanding from the victims. ② The Defendant did not commit any act identical to the facts charged other than the above physical contact with the victims; even if there was no physical contact, it does not constitute an indecent act; and even if there was no intention to commit an indecent act. Nevertheless, the lower court found the Defendant guilty of each of the facts charged, thereby adversely affecting the conclusion of the judgment. (b) In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles as to each part of the indecent act by compulsion listed in [Attachment 2] Nos. 1 and 3, which the lower court acquitted the Defendant, (the part that the Defendant told the victim B’s view, and the victim C’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

2. The main sentence of Article 29-3(1) of the former Child Welfare Act (amended by Act No. 16248, Jan. 15, 2019) does not order the court to operate a child-related institution or to prevent employment or actual labor with a child-related institution for a certain period when the court issues a sentence for a child abuse-related crime.

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