성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence presented by the prosecutor, the court below found that the defendant and the requester for the attachment order (the defendant) committed an indecent act using F under the age of 13 by using the state of impossibility to resist, the defendant and the requester for the attachment order (the defendant) committed an indecent act on two occasions, and the attempted sexual intercourse through two times, and the court below found the F's act of inserting the defendant's finger or inserting the defendant's sexual organ inside the mouth of F through five times, but the court below acquitted the defendant of all the facts charged in this case. Thus, the court below erred by misapprehending the legal principles.
2. Determination
A. The summary of the facts charged in the instant case 1) The Defendant, who was a woman living together with the Defendant, was willing to have sexual intercourse F with F by finding his species in order to see his father and female living together with F, and having her husband and female living together with F, by using his son and her mother at the Defendant’s home, and by using the Defendant’s home, etc.
A) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13) the Defendant, on January 2013, 201, went to the camp with a female living together, F (n, 11 years old), etc. with the valleys located in G in Yang-si in Yang-si in Yang-si, around the beginning of the month, she saw to attract F by leading him/her to the field of F that had been locked around the new wall, and her chest and sound with his/her hand.
Accordingly, the Defendant committed indecent act by using F under the age of 13 in a state of impossibility to resist.
B) A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., a deceptive scheme against minors under the age of 13) (i) the Defendant was fluoring the snow about to grow H apartment at Yangju-si 111 Dong 1101, 201 around the first day of February in 2014.
The F is exempted from all the lower parts of the F (F, 12 years of age), and the F was not in the form of the F’s body behind, refusing, or refusing to inserting a sexual organ into the sound part of the F.
Accordingly, the Defendant, by force, attempted to engage in sexual intercourse with F under the age of 13.
she prepared meals for children around March 2015.
A person who lives together with a female living together shall take the same place by using the mixed F, and shall be placed in the underground parking lot of the apartment and the above apartment house.