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(영문) 서울고등법원 2014.03.06 2013노1926
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. The judgment of the court below which acquitted the defendant on the facts charged of this case on the ground that it is difficult to view the victim's statement in the summary of the grounds for appeal to have credibility is erroneous, which affected the conclusion of the judgment

2. The summary of the facts charged of the instant case reveals that the Defendant became aware of the Victim E (the 17 years old age), a student of the instant school, who is difficult to provide home convenience through a health teacher in the summer in Incheon, while serving as a skilled technician of the D High School located in Incheon. After that, the Defendant served as a sponsor by drinking or drinking food to the victim, and became close to the victim. On August 2012, the Defendant 11:0, around 11:00, the Defendant continued to gather the victim E from the road located in the Namdong-gu Incheon Metropolitan City, Nam-gu, Incheon, and the Defendant 13:0 of the same day after the Defendant was killed the victim at the top of the steering line of the G car, and then she was forced to capture the victim by force to commit an indecent act outside the Incheon 13:0 on his/her own hand while forcing the victim to park the victim by force. The Defendant continued to commit an indecent act outside the Incheon 20th day after the Defendant 13th day.

3. The lower court determined that the Defendant consistently stated the following facts: (a) the Defendant committed an inappropriate act, such as moving the victim who is a high school student into Hro, leaving a place of residence, entering the elel, etc. located far away from the school and residence; and (b) the victim consistently stated the facts of injury, such as indecent act by compulsion, etc., as

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