아동ㆍ청소년의성보호에관한법률위반(강간등)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Although the Defendant did not commit each crime which the lower court found guilty as seen below, the lower court found the Defendant guilty of this part of the facts charged. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
1) With regard to the crime of assaulting paragraph (1) of the crime in the holding of the court below, the defendant did not have any fact that he satisfyed the victim's sexual organ above the victim's clothes. However, the defendant satisfyed the part above the part part of the victim who satisfyed above the part of the victim's satisfy, and satfying the victim's chest, but it was true that satisfyed on the victim's chest, but it did not attempt to assault the victim because satfy for playing the victim's chest. 2) As to the crime of confinement Paragraph (2) of the crime in the holding of the court below and the crime of assaulting paragraph (3) of the same Article, the defendant satfyed the victim's finger, and satched him more than 2 to 3 minutes after the victim's shoulder, and it did not constitute the crime of assaulting and confinement merely with the defendant.
3) As to the crime of intimidation under Paragraph 4 of the crime committed in the judgment of the court below, the Defendant did not call for the victim to raise a tobacco dose photograph taken by the language room on the Internet. B. The prosecutor (in light of the various sentencing conditions of the instant case, including the circumstances leading to the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts as to the crime of assault under Article 260 of the Criminal Act, the assault under Article 260 of the Criminal Act refers to the exercise of an unlawful tangible force against a human body. The illegality refers to the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, and the victim’s suffering.