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(영문) 서울고등법원 2015.04.23 2014노3797
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts and scenarios on the part of acquittal) is that the defendant's act of taking the hand of a female juvenile who is a female juvenile who is a married at the latest play place may cause a sense of sexual humiliation. In light of the following, the defendant's act is likely to cause a sense of sexual humiliation. After that, the defendant's act of putting the victim's shoulder back and driving away the defendant into the damaged commercial building, it seems that the defendant had the intention of indecent act by compulsion.

Of the facts charged in the instant case, the lower court acquitted the Defendant on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

On April 30, 2014, at around 00:10 on April 30, 2014, the Defendant discovered that the victim E (here, 15 years old) who is a juvenile in the Gangnam-gu Seoul Metropolitan Government D apartment 110 playground is mixed with the park bed, and the victim is able to move “p, E, E,” and the victim’s hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

According to each statement of the victim and F, on April 30, 2014, the lower court determined that the Defendant: (a) reported to the victim on April 30, 2014, the victim and F, who was congested in the event at the place indicated in the facts charged, that the victim saw her her her son, who was about to be damaged by the Defendant; (b) reported on April 30, 2014 as follows: (c) on April 30, 2014, the Defendant reported that the victim her her her son was her son who was about to be damaged by the victim; (d) on April 30, 2014, at around 112, the Defendant reported that the her her her son’s her son was her her son, who was her at the D Apartment 110-dong next game; (d) requested the Defendant to promptly call at around 00:37 112,2014.

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