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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2021.01.20 2020노579
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. In the instant facts charged, the Defendant did not have any misunderstanding of facts and misapprehension of the legal doctrine as to Nos. 1, 4, and 6 of the list of crimes among the charges of this case, and did not make any remarks as to No. 3 of the list of crimes in the facts charged.

In relation to the crime list Nos. 2, 3, 5, and 7, the victims' shoulders or hairs were revealed, but the victims did not have the intention of committing indecent acts against the victims.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The punishment sentenced by the lower court (such as penalty amounting to KRW 20 million) is excessively unreasonable.

2. Determination

A. Determination 1 on the misunderstanding of facts and legal principles) The Defendant asserted the same purport as alleged in the appeal, and the lower court found the Defendant guilty of the charges of this case by taking full account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., credibility in light of the content of the statement, etc.: (i) the victims have stated the facts of harm specifically and consistently; (ii) the victims have difficulty in finding any motive or reason to believe the Defendant; and (iii) even if each act described in the facts charged of this case was committed in the process of encouragement and solicitation against the victims, such physical contact act objectively causes sexual humiliation or aversion to the victims; and (iv) it constitutes an indecent act infringing upon the victims’ sexual freedom, as described in the facts charged of this case.

(ii)..

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