성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The Defendant did not have a fluort her part of the victim E or her her part, and did not have a her part of the victim F. The lower court recognized each of the above facts and found all of the charges of this case guilty, thereby adversely affecting the conclusion of the judgment by mistake of facts or by misapprehending the legal doctrine.
B. The lower court’s sentence (two years and six months of imprisonment, 40 hours of order, and 5 years of order of disclosure and notification) is deemed to be too uneasy and unreasonable.
2. Judgment on the grounds for appeal by the defendant
A. The summary of the facts charged in the instant case reveals that the Defendant, around November 10, 2010, entered the Republic of Korea as a non-professional employment visa (E-9-1) and became aware of Vietnam’s friendship with Vietnam’s nationality in the same place where he had come to her, and came to teach C from April 201 to February 201, 201.
However, C has already entered the Republic of Korea in around 2003 and has been married with Korean nationals and has raised two daughters such as victims E and F.
The Defendant, as above, entered into a sexual relationship with C when the above D goes to work at the company or going to work on a business trip with C during the period of teaching with C.
On December 2, 2011, the Defendant visited C in order to meet, as above, and discovered the victim E (the age of 7 years at that time) who was in the inside of the said house after having visited C in order to meet, and she scam the victim E, she scam scam over the victim E in order to suppress the victim E, and her scam scam over the part of the victim E, and her her her her her her her her her her her her part, and her her her her her her her her her her her her her part, and her her her her her her her her her her part off (hereinafter “instant indecent act on E”), at the same place at the same time and at the same time at the same time, her her her her her part of the victim F when she tried to her her her her her her part and her part of the victim.