아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant exercised force on the victim, thereby having sexual intercourse with the victim without agreement.
Nevertheless, the lower court’s judgment that acquitted the Defendant of the facts charged of this case was erroneous and adversely affected the conclusion of the judgment.
2. Summary of the facts charged in this case
A. The Defendant committed an indecent act by force on the part of the victimized person, and committed sexual intercourse with the victim E (the 13-year age age), by advertising that the Defendant became aware of the victim E (the 13-year age), which is a juvenile in the Internet hosting camera “D.”
Between 00:00 and 01:00 on May 3, 2015, the Defendant parked a passenger car of Belgium that was owned by the Defendant in front of the Seoul Mapo-gu Seoul, and on the back seat, she was on board with the victim. However, she was in line with the victim’s entry, and her hand was placed in the panty of the victimized person.
As a result, the Defendant committed an indecent act by force on a child victim.
B. On May 5, 2015, around 22:00, the Defendant parked a Belgium car owned by the Defendant on the front of the Mapo-gu Seoul Mapo-gu Seoul.
In addition, on board the above vehicle with the victim, the victim was placed in the back seat of the victim's clothes, and the two sides of the victim's chest and the head of the knee are divided, the victim's knee and knee are off, the victim's knee are stored in the negative part of the victim, and the defendant's sexual flag was inserted into the sexual flag of the victim.
Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.
3. The lower court determined that the facts charged in the instant case, which the sole evidence presented by the prosecutor, was proved beyond a reasonable doubt that the Defendant exercised force on the victim.
On the ground that it is difficult to view the instant facts charged, the lower court acquitted the Defendant.
4. The burden of proof of criminal facts prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction is to the extent that there is no reasonable doubt by a judge.