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(영문) 광주고등법원 2017.07.13 2016노338
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance regarding the conviction shall be reversed.

The defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant asserts that the sentence of the lower court is too unreasonable because all of the sentence is too unreasonable.

B. The prosecutor asserts that it is unfair for the prosecutor to exempt the Defendant from the order of disclosure and notification of personal information, and to exempt the Defendant from the order of disclosure and notification of personal information. The prosecutor asserts that there is a misunderstanding of the legal principles on indecent act and child abuse in relation to the part of innocence in the second judgment, and that it is improper to deny the punishment for the guilty part and to exempt the Defendant from the order of disclosure and notification of personal information.

2. The judgment of the court below was sentenced to the first and second judgment, and both parties appealed against the judgment of the court below, and the court decided to hold a joint hearing of the appeal case.

The first and second convictions against the Defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed. Therefore, the convictions of the first and second convictions of the first and second convictions cannot be maintained as they are.

3. Judgment on the Prosecutor’s misunderstanding of the legal principles

A. In relation to the judgment of the court below 2, the prosecutor asserts that the defendant's assertion and judgment 1) related to the indecent act No. 2, the prosecutor held that the defendant was guilty of this part of the charges by misunderstanding the legal principles, which led to the victim's sexual humiliation or aversion.

The argument is asserted.

2) According to the victim’s legal statement, the court below held that according to the victim’s legal statement, the defendant suffered about 1 to 2 minutes of the victim’s losses during the course of examining the student’s hands-to-saw in the classroom, and the victim’s losses were changed.

It is recognized that the act alone does not constitute an indecent act against criminal punishment that causes a sense of sexual humiliation or aversion to the victim beyond causing a sense of sexual humiliation or displeasure to the victim’s right.

this part of judgment.

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