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(영문) 부산고등법원 2014.11.12 2014노448
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of indecent acts by compulsion on the grounds of contradictory and consistent victim's statement, etc., although the defendant did not commit an indecent act against the victim.

B. The lower court’s punishment (two years of imprisonment, three years of suspended execution) against the Defendant by the Prosecutor is too unfunied and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged is a private taxi engineer operating C, who is a victim D (n, 15 years of age) live in adjoining areas, and is a member of the FIE located in Seo-gu, Busan.

The Defendant used the above private taxi in Sundays to leave the victim, G, and H from each place near the above church to the above church and left home. From around 2010, the victim was waiting for the above G, H, or returning both the above G and H to the front seat of his vehicle and left home to the victim, and the victim was her chest and body by using the gap that can be cut on the vehicle or getting back both the above G, H, and H to the victim.

On May 2012, the Defendant, at around 15:00 on Sundays 15:00, stayed on the victim’s home located in Busan Seo-gu, Busan Seo-gu, leaving the victim’s home, and frighted on the victim’s home, and frighted the victim’s chest with the victim’s hand, and frighted the victim’s chest with the victim’s chest by taking advantage of the gap that may be gird with the victim, and led the victim to indecent act by force.

B. The lower court determined that the victim’s statement that is directly admitted as evidence to prove the facts charged of the instant case is flexible, and the other evidence is based on the victim’s statement or is insufficient to recognize the instant crime by itself. Accordingly, the key issue of the instant case is, after determining whether the victim’s statement was reliable, the victim’s statement is recognized in full view of the following circumstances. As such, the Defendant is recognized to have committed indecent act by force as stated in the facts charged.

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