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(영문) 부산고등법원 2018.07.18 2017노697
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victims.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended execution, and protection observation) is too unreasonable.

2. As to the assertion of factual misunderstanding, the term “comfort” means objectively causing sexual humiliation or aversion to the general public and infringing on the victim’s sexual freedom. Whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim’s previous stage, circumstances leading to the act, specific form of act, and the surrounding objective situation, sexual moral sense, etc.

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). Examining the following facts acknowledged by the evidence duly adopted and investigated by the lower court in light of the aforementioned legal principles, the lower court’s judgment convicting the victims of all charges is justifiable, and there is error in the misapprehension of facts, such as the grounds for appeal.

subsection (b) of this section.

(1) A victim E shall take a photograph of the defendant together through a written statement on the date of damage.

하면서, 강제로 팔짱을 끼려고 하고 강제로 팔과 허리를 당겼다.

피고인과 팔짱을 끼지 않으려고 혼자 팔짱을 끼면서 버티자, 피고인은 자신의 팔짱 낀 사이로 손을 집어넣어 피고인의 팔과 자신의 가슴이 닿았다’ 는 취지로 진술하였다.

(2) The victim F is also subject to the victim F’s statement on the day of damage.

At the same time, the shoulder of his/her shoulder is sacracked, sacracks his/her arms, and sacracks and put close as close.

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