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(영문) 부산고등법원 (창원) 2014.07.30 2014노61
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the mistake of facts or misapprehension of legal principles, the defendant's act identical to the facts stated in the judgment of the court below was committed, but such act alone does not constitute an indecent act against children or juveniles by force, and even though the defendant did not have such intent, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles concerning the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act, etc.), which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of imprisonment with labor for a year) is too unreasonable.

2. Determination

A. 1) In the lower court’s assertion of mistake of facts or misapprehension of legal principles, the Defendant asserted the same purport as this part of the grounds for appeal. The lower court, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court under the title of “determination on the Defendant and the defense counsel’s assertion,” found the Defendant guilty of the above charges on the Defendant by deeming that the Defendant was guilty of an indecent act. 2) The lower court’s determination is justifiable if it is based on precedents, rules of evidence, and evidence on the criteria for determining the credibility of the statement of a person claiming sexual assault victim, and did not err by misapprehending the legal doctrine on the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, thereby adversely affecting the conclusion of the judgment.

Therefore, we cannot accept this part of the defendant's assertion.

B. The defendant's act itself is against his own will and is not judged to the degree of mental disorder, but a contingent crime is committed while under the influence of alcohol.

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