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(영문) 대전고등법원 2019.06.14 2018노509
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant did not have committed an indecent act against his parents and students in the vicinity of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion). At the time of the instant case, the Defendant cited kick kickboard on his hand, and the Defendant did not have a situation in which the chest of the victim B can be replaced by his/her hand.

B) The Defendant’s indecent act by compulsion and quasi-decent act by compulsion was committed by the victim’s chest in the course of pushing the victim C, and there was no intention to commit indecent act. In addition, there was no intention to commit indecent act. Moreover, the Defendant at the prosecutor (as to the part not guilty), taking advantage of the state in which the victim C is placed in a locking, uses his buck, sobucks, spacks, and spacks, etc., and puts his hands on the part of the victim, and this constitutes indecent act by force against the victim’s will.

B. Defendant 1: The lower court’s imprisonment (two years of imprisonment) is too heavy. 2) Prosecutor: the lower court’s punishment is too minor.

2. Determination

A. 1) Determination of mistake of facts or misapprehension of legal principles as to the victim B’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) and the following circumstances acknowledged by the court below and the evidence duly admitted and investigated by the court below, the judgment of the court below that found the Defendant guilty of this part of the charges is just and there is no error of law as pointed out by the Defendant.

Defendant’s assertion is not accepted.

(1) The injured party, from the investigative agency to the court of trial in the case of the party, 'the accused and the dynamics together with the defendant, concealed together with the defendant, and led him to a narrow place.

The defendant was saved in the rear side, and the chest was saved with his hand and prevented him from being saved.

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