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(영문) 서울고등법원(춘천) 2020.08.19 2020노71
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

A fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

A. Defendant 1) In the part of the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) (1) the Defendant got the victim to talk about a natural sports campaign by leaving the victim’s lane, and the victim did not live a bridge instead of stronging the bridge, and there was no fact that the victim was divided the victim’s boat into his hand and did not take charge of the victim’s boat.

(2) The Defendant, as a co-friendly relationship with the victim, was aware of the victim’s horse and did not intend to commit indecent act by compulsion by force.

B) In order to be found guilty of this part of the charge of violating the Child Welfare Act (hereinafter “Child Welfare Act”) and this part of the charge, the Defendant and the victim, as well as the intent of abuse under the Criminal Act, must have an abuse tendency, which is an excessive illegal element. However, the Defendant and the victim’s act by regnating buckbucks, and the statement of sexual harassment committed by the Defendant by force, do not constitute a crime of violating the Child Welfare Act (hereinafter “Child Welfare Act” (hereinafter “child’s sexual harassment, etc.”) on the grounds that both the act and the statement of sexual harassment committed by the Defendant were committed based on the intention or abuse tendency. 2) The lower court’s sentence of unfair sentencing (hereinafter “fine 15 million won and order to complete a program”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio the judgment on the grounds for appeal by the defendant and prosecutor.

Each crime in the judgment of the court below is one of the substantive concurrent crimes as provided in the former part of Article 37 of the Criminal Act.

Accordingly, the judgment of the court below is in violation of law by omitting the applicable provisions on concurrent crimes in the application of Acts and subordinate statutes while increasing the applicable punishment by law (the maximum applicable punishment by law is stated as "a fine of KRW 150,000,000" for the reason of the applicable punishment) and thereby affecting the conclusion of the judgment, so the judgment of the court below has no longer been maintained.

Nevertheless, it is not possible.

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