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Reasons
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(영문) 대전고등법원 (청주) 2020.04.09 2019노258
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant indecent act by compulsion of mental illness, the Defendant had a weak ability to distinguish things or make decisions due to drinking. 2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the clothes of the victim of mistake of facts, the degree of exposure, the intent of the defendant, the photographer, and the circumstances leading to shooting, etc., even though it is sufficiently recognized that the defendant taken the body of the victim who may cause sexual humiliation or shame by using a camera, the lower court acquitted the Defendant of this part of the facts charged, by misunderstanding the facts, on the contrary. 2) The lower court’s sentence of unfair sentencing is too unreasonable and unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion on the Defendant’s mental disability on the ground that the Defendant did not seem to have weak ability to discern things or make decisions at the time of committing the instant indecent act by compulsion, taking into account the following circumstances acknowledged by the evidence duly admitted and investigated by the evidence.

Examining the judgment of the court below in comparison with the records, the judgment of the court below is sufficiently acceptable, and it is hard to see that there is an error of mistake or misapprehension of legal principles as alleged

The defendant's above assertion is without merit.

B. On June 26, 2019, around 17:37, 2019, the Defendant found the victim D (one year old and the 14 year old and the 14 year old and the 14 year old and the elbbbs and the lebs and the lebs and the lebs and the lebs and the lebs and the lebs and the lebs and the lebs and the lebs and the lebs and the lebs and the lebs and the lebs

Accordingly, the defendant may cause sexual humiliation or shame using a camera.

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