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(영문) 광주고등법원 2015.04.09 2014노495
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit each of the crimes of this case, and the Defendant was found guilty of all of the charges on the ground that the Defendant, under the circumstance where the Defendant’s bank contacted with the victims’ buckbucks, etc. when the bus was in contact with the victim’s bucks, etc., but the lower court found the Defendant guilty of all of the charges on the ground that the Defendant puts his hand under his/her control and caused the victims’ right bucks, etc.

Therefore, the court below erred by misapprehending the legal principles and affected the conclusion of the judgment.

B. The lower court’s sentence on the assertion of unreasonable sentencing (20 million won by fine, 40 hours by order) is too unreasonable.

2. Determination

A. On February 27, 2014, the Defendant: (a) discovered that the Defendant was aboard the bus No. 17 of Jintain City 09:50 on February 27, 2014 at the second bus stop located in Nam-gu, the Defendant committed an indecent act by force against the juvenile, which is a juvenile by feling the victim, by putting the victim into the victim’s seat next to his knee, standing the victim’s seat; (b) the said bus was aground at the victim’s seat next to knee of the victim; and (c) the said bus was aground at the time when she passed the vicinity of the two cancer movable apartment via the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong knekbbbbing the victim’s right part of the buckbuck.

B) On April 21, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) was aboard a bus No. 28 in the Southern Mine Station located in Nam-gu, Nam-gu, 09:07, and was found to have been seated by the victim D (if he finds that he is 21 years of age, he was seated above the victim's seat, and was seated above the victim's kne, he was aground, and then the Defendant was aground at the right side of the victim when the bus passes near the horse market.

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