아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The defendant does not pay the above fine.
1. The judgment of the court below which acquitted the victim of the facts charged of this case, despite the credibility of the victim's statement in full view of the victim's statement F, M's statement and text messages sent to the victim, is consistent with the victim's statement in a large frame, is erroneous in the misunderstanding of facts.
2. Determination
A. The summary of the facts charged is that the Defendant is between the victim B (n, 14 years of age) who is a child or juvenile and the first call.
On October 11, 2017, the Defendant: (a) 17:00 on October 17, 2017, following D nearby bus stops located in Dasan-si C, and asked the victim “whether or not the victim is a high school student; (b) where the victim attends the school”; and (c) the victim continued to answer the victim “A middle school student required to move to the school. E., whether or not I am son-gu. I am. I am on several occasions,” and the victim requested the victim to change the name and contact details of the victim while opening his cell phone, and then son 4:5 times son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, and then son son son son son son son son son son son son son son son son son.
As a result, the defendant committed an indecent act against the victim who is a child or juvenile.
B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court found the victim’s statement not guilty of the facts charged of the instant case on the ground that it is difficult to believe that the victim’s statement lacks credibility, and there is no other evidence to acknowledge it otherwise.
① When the victim makes a single statement in the police, the defendant was able to write down the victim’s buckbucks.