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(영문) 서울고등법원 2018.12.21 2018노2501
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles do not have any physical contact with the victim as stated in the facts constituting a crime.

Even if the defendant made physical contact with the victim, it cannot be viewed as a forced indecent act against the good sexual moral sense, which causes sexual humiliation or aversion to the general public, and is contrary to the good sexual morality, and there was no intention of forced indecent act.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended execution, etc.) is too unreasonable.

2. Determination

A. 1) The judgment of the court below on the assertion of misunderstanding the facts and misapprehension of the legal principles of the defendant 1) also asserted the same as the grounds for appeal in this part, and the court below acknowledged the fact that the defendant made physical contact to the victim according to the evidence duly adopted and investigated by the court below under the title of "judgment on the defendant's argument", and the above physical contact constitutes an indecent act by force, and there was an intentional indecent act by force

The Court determined that it should be viewed.

2) In full view of the following circumstances acknowledged by evidence duly adopted and investigated by the lower court’s judgment, the lower court’s aforementioned determination is justifiable, and there is no error of law by misunderstanding the facts or by misapprehending the legal doctrine, which affected the conclusion of the judgment.

This part of the defendant's assertion is without merit.

1) In full view of the following circumstances, the victim’s statement to the effect that the Defendant made a physical contact, such as the statement of facts constituting the crime, in the judgment of the victim, is credibility.

(1) The victim from the investigative agency to the court of this Act “On the day of the instant case, the victim was preparing an answer set after the mother’s death.

At that time, the defendant has been in a classroom and has been in a different course with the victim.

Initially, the victim Daz and “phhhhhhhhhhhhhhhhhhhhhhhhhn

“The inside of the posts” came into place.

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