아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor, such as misconception of facts, the court below acquitted the defendant about the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) among the facts charged in the instant case, and convicted the defendant as a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts at Public Place). The judgment of the court below is erroneous in the misapprehension of facts
B. The lower court’s sentencing is too unjustifiable and unreasonable.
2. Determination
A. The summary of this part of the facts charged is that the Defendant works for beauty art viewing in the cosmetic of “E” located in Gangnam-gu Seoul Metropolitan Government D, and the victim F (n.e., 16 years old) is a student of the second grade high school in fathercheon-do and was unaware of each other.
1) On April 19, 2016, the Defendant: (a) 07:50 on April 19, 2016, at H bus stops located in G, brought the victim’s body closely and bucked into the victim’s body; (b) forced the victim’s right bucks and ambucks into the victim’s own bus bucks; (c) on April 20, 2016, the Defendant committed an indecent act by force on the victim’s right bucks; (d) around 07:50 on April 20, 2016, the Defendant reported the victim to board the J bus of the I company; (e) took the victim’s body followed; and (e) took the victim’s hand into the victim’s body; (e) took the victim’s hand into the victim’s body; (e) took the victim’s hand into the victim’s body; and (e) took the victim’s hand into the victim’s body into the victim’s body, and forced the victim’s hand 1 (e.) 2.