아동ㆍ청소년의성보호에관한법률위반(준강제추행)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Notwithstanding the fact that the Defendant did not have had the victim’s sexual organ in the surface of the water as stated in the facts charged of this case, the Defendant, as stated in the facts charged of this case, is erroneous in the judgment of the court below that found the Defendant guilty of the facts charged of this case on the sole basis of the victim’s statement with no credibility,
B. Prosecutor 1) In light of the characteristics of the alleged sexual crime of exemption from disclosure and notification order and the purport of the disclosure and notification order system, etc., it is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order of personal information.
2. Determination
A. In full view of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant's assertion, it can be sufficiently recognized that the defendant committed an indecent act that leads to the perception of the victim's sexual organ, a juvenile who was diving in the area of the waters room, and thus, the court below did not err in the judgment of the court below to the same purport.
Defendant’s assertion is without merit.
① At an investigative agency or a court of the court below, the victim has consistently stated the situation at the time to the effect that “The Defendant, who was prone to the right-hand side, was protruding the victim’s sexual organ with his left hand, and the victim had already been in the state of the victim’s sexual organ. The Defendant’s hand held a fixed amount of money. The Defendant’s hand was taken out and out, knew of the fact, and reported it to the police,” and the Defendant reported it to the police.
On the other hand, when the first police investigation is conducted by the defendant, the defendant stated that "if the fixed amount is laid to the left hand of the defendant," and "the victim is head of the sexual organ from the time when the second police investigation is conducted."