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(영문) 서울고등법원 2016.05.31 2016노582
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is that the defendant's hand was involved in the victim's buckbucks by misunderstanding the facts of the defendant and misunderstanding the legal principles and the direction of the progress of the defendant and the victim E, and the defendant was not forced to commit an indecent act with the intent of committing an indecent act against the victim.

Nevertheless, the lower court found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) among the facts charged in the instant case based on the statements made by the victim and witness F. The lower court erred by misapprehending the legal doctrine and misunderstanding of facts.

The punishment sentenced by the court below (one year of imprisonment, two years of suspended sentence) is too unreasonable.

The defendant's act of misunderstanding the facts of the prosecutor and misunderstanding the legal principles is an indecent act as the victim I's her her her her her her her her her her l'

Nevertheless, the judgment of the court below which acquitted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in a densely concentrated place) among the facts charged in the instant case is erroneous

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

The court below rejected the above assertion on the Defendant’s assertion of mistake of facts and misapprehension of legal principles on the ground that the Defendant alleged the same purport as the grounds for appeal in this part, and that the court below rejected the above assertion on the grounds as stated in its reasoning. In light of the evidence duly admitted and examined by the court below, the above determination by the court below is just and acceptable. Thus, the court below did not err in the misapprehension of

Therefore, this part of the defendant's argument is without merit.

In the criminal trial proceedings conducted in the form of a citizen participatory trial on the prosecutor's assertion of mistake of facts and misapprehension of legal principles, the jury participated together in the whole process of the examination of facts, such as the examination of witness, and the preparation of evidence, such as the credibility of the witness's statement, and the recognition of facts, shall be decided by

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