아동복지법위반(아동에대한성희롱등)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant’s act of stating that “the victim would reduce 100,000 won” is sexual harassment prohibited by the Child Welfare Act as sexual violence or cruel acts that may harm the health and welfare of a child who is the victim or impede the normal development of a child.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous.
2. The lower court did not recognize that the Defendant’s act, such as the record of the instant facts charged, constitutes “sexual abuse, such as sexual harassment, which causes a sense of sexual shame to children” prohibited by Article 17 subparag. 2 of the Child Welfare Act on the grounds of the detailed circumstances in the item of “2. Determination,” and there is no evidence to acknowledge that the Defendant committed “sexual abuse, such as sexual harassment, which causes a sense of sexual humiliation to children.”
“On the ground that it was not guilty of the facts charged.”
In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and there is no error of mistake of facts as pointed out by the prosecutor.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.