아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) revealed that the Defendant 13 secondsd down the victim’s buckbucks as rhyths, and the victim, who is merely 11 years of age, moved his position immediately after the Defendant’s act, was frightening so that the Defendant’s act constitutes an indecent act committed by indecent act by compulsion.
In addition, even though the victim transferred the defendant to another place of damage, the defendant's act of covering his/her hands and taking the victim's hand is recognized, so the defendant's intentional act is recognized.
Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged was around 16:00 on November 15, 2018, the Defendant committed an indecent act against a child or juvenile, who is a child or juvenile, by forcing the victim, by putting the victim’s hand, to the side of the victim C (one year old), who was on board the bus B, and was seated in the bus 2, in the bus stops located in the dong-dong bus bus located in the Ycheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. On the other hand, on the part of the victim C (one year old).
B. In the process of the police investigation conducted by C as evidence as shown in the facts charged of this case directly supporting the judgment of the court below 1, there is a statement that "the defendant was present at the seat of 2 persons in the bus, and knenene kne, knee, kne, kne, and kne, kne, kne, and knbbbbs in his hand, and thereafter, the defendant was moved to the seat of 1 person seat next to 2 persons' seat without any action by the defendant, and he was removed from his hand and brought to the bus."
In addition, as evidence showing indirect support of the facts charged in the instant case, the Defendant’s bus around 16:11:59 on November 15, 2018.