beta
(영문) 대전고등법원 2015.10.23 2015노377

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The judgment below

Among the guilty parts and the attached list of crimes, the verdict of innocence on the 14, 23, 38, 39, 45, 48, and 49 shall be respectively excluded.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The victims’ statements about the guilty portion of the judgment of the court below concerning the mistake of facts and misapprehension of legal principles were distorted and distorted so there was no such act that constitutes an objective element of indecent act by compulsion. Furthermore, the Defendant merely saw that the Defendant’s intent to shoulder the students that he was close at the study guidance level or to enhance the friendlyness between the teachers and students, and that it was merely harming the students’ s head, shoulder, shoulder, and satise with the focus on the part of the students’ head, satis, etc., and there is no criminal intent, which is a subjective element of indecent act by compulsion. Accordingly, there was no criminal intent, which is a subjective element of indecent act by compulsion. Nevertheless, the court below erred in finding the Defendant guilty of the crime among the facts charged in the instant case against the victims whose exaggeration was distorted, and there was an unreasonable sentencing judgment (one year and six months).

B. The determination of facts or misapprehension of legal principles as to the portion not guilty of the prosecutor 1 ought to be based on the offender’s intent or intent to meet the sexual desire, which is inferred, by comprehensively taking into account the offender’s act’s sexual sense or displeasure, the behavior’s attitude, physical condition and frequency of contact, relationship between the perpetrator and the victim, etc. However, the part which the lower court acquitted the Defendant of the charges is reasonable to deem that the act constitutes an overall indecent act by comprehensively taking into account the following factors: (a) the name, circumstance, method, contact, physical part, actual intent, and awareness of the victim’s injury.

However, the court below's act is a part of the defendant's act of indecent act by force, considering the fact that the defendant's physical condition, or the situation that the defendant discontinued the defendant's act by force.