성폭력범죄의처벌등에관한특례법위반(강간등치상)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. As to the first day of the judgment of the court below, the victim voluntarily suspended the crime by the injured party in the process of reducing the knife knife knife in order to commit indecent act against the injured party at the time. Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The second day of the judgment of the court below No. 1.3 of the crime sight table No. 2 of the judgment below.
5. As to each point of August, 198, the court below convicted all of the victims of an indecent act committed by a minor under 13 years of age as long as they did not have committed an indecent act such as not boarding a car and spreading sexual organ, etc., and committed an indecent act by a minor under 13 years of age, and committed an indecent act by a child or juvenile indecent act, etc., the court below erred by misapprehending the facts or by misapprehending the legal principles as to the time of commencement of commission in each of the above crimes, thereby adversely affecting the conclusion of the judgment.
B. As to the crime of Article 1. of the judgment of the court below, the defendant, at the time of the crime, was found in a state of mental disability due to the criminal injury.
C. The sentence of the lower court on unreasonable sentencing is too unreasonable.
2. Determination
A. 1) Determination of the assertion of mistake of fact: (a) In the crime of indecent act by compulsion in the judgment of the court below, “indecent act” means any act contrary to the intent of the other party, which causes a sense of sexual humiliation or aversion, and does not require any motive or purpose of the act.
In addition, the term "Assault or intimidation" is not limited to cases where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also includes cases where the act of assault itself is deemed to be an indecent act.