아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant's lectures to treat sexual assault for 40 hours.
1. The supplemental statement of reasons for the appeal submitted after the lapse of the period for submission of the statement of reasons for the appeal shall be considered only to the extent that it supplements the reasons for the appeal.
A. As seen from the misunderstanding of facts and legal principles, the Defendant did not commit a crime as indicated in the judgment of the court below, or committed an act in the process of taking advantage of it with the consent of the victim, but the court below acknowledged the Defendant’s intentional act by rejecting the statement of another witness who asserts that his statement is false or exaggerated or false, the court below erred by misapprehending the facts.
1) Although the Defendant stated the facts constituting the crime No. 1 of the judgment of the court below in the same manner as the facts charged at the date and place of the judgment of the court below, at the same time and place, the victim F (the 47 years of age) was the same as the facts charged, this merely is intended to emphasize free will, and it does not have the intention of forced indecent act, but does not have the fact that the Defendant committed the act of sweaking both of the victims.
2) There is no fact that the Defendant in the part of the criminal facts No. 2 of the judgment of the court below stated in the judgment of the court below stated that “ponners are covered with bad faith” to the victim G (the age of 30) at the date, time, place, and place as indicated in the judgment of the court below, and there is no fact that the victim started from the chest of the victim to the gender part.
The act is merely an extreme exaggeration of the act from breast to the lower part in the course of the act of taking care of the victim. The victim also made a statement to the same effect.
The victim stated to the same effect in the court of first instance.
3) The Defendant did not make the same statement as the statement in the criminal facts A, at the date, time, and place as indicated in the judgment of the court below, on the part of paragraph (3) of the criminal facts as stated in the judgment of the court below.
피고인이 원심 판시 일시, 장소에서 피해자 H 또는 여신도 I에게 판시와 같이 말하거나 겁을 준 사실이 없고, 피해자가 피고인의 젖꼭지 옆 부분에 입술을 대게 한...