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(영문) 서울고등법원 2018.05.11 2017노3862
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts (guilty in the judgment of the court below) that the Defendant did not see the victim F’s chest and the f’s chest or the f’s finger by drinking the victim F’s finger, and the victim F’s statement that seems to conform to this part of the facts charged is difficult to believe.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

2) The punishment sentenced by the lower court (two years and six months, etc. of imprisonment) is too unreasonable.

B. Prosecutor 1) The victim C made a relatively detailed statement about the background, date, and place of the indecent act committed by the Defendant from the Defendant. Since such statement is consistent with F and I’s respective statements, it can be acknowledged that the Defendant committed an indecent act against C.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged erred by misapprehending the facts.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court’s determination on the Defendant’s assertion that the Defendant committed an indecent act by force against the victim as stated in this part of the facts charged:

The decision was determined.

① The victim was enrolled in the fourth grade of an elementary school at the age of 9, and if the victim was a victim of the age of 9, it would be less likely to confuse the upper and actual circumstances, and it would be possible to distinguish whether the defendant was simply physical contact in the process or whether the defendant was partially physically contact or his body was interviewed by the defendant.

② The victim is generally consistent and consistently called “the Defendant was unable to take advantage of the Defendant’s chest in the Defendant’s room. The Defendant was in a state of being exposed to the Defendant’s sexual organ, and C.

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