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(영문) 부산고등법원 (창원) 2019.01.16 2018노251
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant sent a message and a photograph, such as the statement of crime sight at the time of natural adjudication while exchanging the victim D and F message, which is naturally divided into obscene conversations. Therefore, the illegality of this part of the judgment below which found the Defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force), such as the time of original adjudication, did not have any fact that the victim D, her knife, buck, and bucks, and that he was in charge of the victim’s hair smell.

Even if the Defendant committed an indecent act, at the time, the Defendant got the victim D’s consent to sexual intercourse and got sexual intercourse. Moreover, the victim D did not make any other resistance despite that it was possible for the victim D to commit an indecent act or contact with the Defendant, so it should be deemed that there was a victim’s understanding about the indecent act.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts or misapprehension of legal principles.

3) The Defendant was at the time of assaulting the victim D’s face, or the victim I’s chest was tightly flicked and flicked, and there was no flicking flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick fl

2. Determination

A. Determination of misunderstanding of facts or misunderstanding of legal principles

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