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(영문) 부산고등법원 2019.06.05 2019노53
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of facts charged and grounds for appeal

A. On June 22, 2018, the Defendant: (a) around 07:20 on June 22, 2018, at the C convenience point in the Defendant’s operation of the Defendant located in U.S. Northern-gu, U.S.; (b) on the ground that (c) the victim D (tentative name, female, 18 years old) who was in front of the victim and the Asscam sales stand in front of the victim’s teaching scam, Da was exposed to dust in the victim’s teaching scam, three times by hand; and (d) the victim was required to have only the victim’s scam, and (e) the victim was forced to have only the victim’s buck.

As a result, the defendant committed an indecent act against a child or juvenile victim by force.

B. According to the evidence of the summary inspection of the grounds for appeal (In particular CCTV images), the court below acquitted the Defendant of the act of misunderstanding of facts or misunderstanding of legal principles despite the fact that the victim's her m or her m or her m, which the Defendant was in telephone conversations, returned his body to another direction, and the victim returned her body in another direction.

2. Determination

A. In full view of the following circumstances, the lower court’s judgment committed an indecent act against the Defendant.

The lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to deem that the Defendant’s act constitutes an indecent act infringing on the victim’s sexual self-determination freedom.

(1) According to CCTV images, the part of the body part of the victim was broken off several times by the victim's scam where the defendant sees about the side of the scam sales stand, etc., and in particular, as shown in the facts charged, the defendant scam of the victim.

Mambucks and bucks do not seem to meet.

The act of leashing the part of the victim is somewhat inappropriate between two persons who do not have any special friendly relation, as the act of leashing the victim's her her m, or her her m, or her her m, is clearly distinguished from the act of using her her m.

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