성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. In light of the following: (a) the statement made by the victims and witnesses to the effect that the victims were indecent acts by the Defendant from the summary of the grounds for appeal (misunderstanding of the facts) is consistent; (b) the conduct may be conducted at a public place; and (c) the victims are not required to wear golf to the victims; and (d) there is an intentional indecent act committed by the Defendant.
must be viewed.
Nevertheless, there was an intention to commit an indecent act against the defendant.
The judgment of the court below that acquitted on the ground that it is difficult to recognize it is erroneous in the misapprehension of facts and affected the judgment.
2. 판단 원심은, 피고인의 손이 피해자 E의 엉덩이와 허벅지, 피해자 F( 가명) 의 엉덩이에 닿은 사실을 인정한 후, 그 상황에 대하여 피해자 E가 “ 슬펐다, 기분이 나빴다” 고 진술하고, 피해자 F가 “ 속이 상했다 ”라고 수사기관에서 진술한 것이 성적 수치심을 느꼈다는 표현으로 해석되기는 하지만, ① 이 사건 범행 장소가 펜 션 앞마당 잔디밭으로서 피고인의 행동이 타인에게 쉽게 노출되는 곳이었던 점, ② 블랙 박스 영상에 나타난 상황에 비추어 피고인이 성적 충동을 느껴 공소사실과 같은 행위를 실행에 옮겼다고
It is difficult to believe, and rather, to inform the victims who may be at risk of displaying golf bonds in mind as argued by the defendant of the golf attitude.
In light of the empirical rule, there is a possibility that the victims made a statement in exaggeration of the circumstances at the time according to the parent's strong response, rather than somewhat consistent with the victims' statements about the process and attitudes of the prosecution, ④ the victims and H committed natural acts without any particular need after the Defendant left the reeded field. ⑤ The victims and H attempted to receive a claim against indecent acts from the parents of the victims.