아동ㆍ청소년의성보호에관한법률위반(강제추행)
All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
Defendant (in fact-finding and unreasonable sentencing) did not constitute an indecent act by compulsion of a victim as stated in the facts charged.
The victim made a false statement to move the Institute of Art Research.
Nevertheless, since the court below accepted the victim's statement as it was and judged guilty, it erred by misunderstanding the facts and affecting the conclusion of the judgment.
The punishment of the lower court (fine 10 million won) is too unreasonable.
The punishment of the court below is too uneasible and unfair.
The Defendant alleged to the same purport in the lower court’s judgment as to the Defendant’s assertion of mistake of facts regarding the grounds for appeal, and the lower court convicted the Defendant of the facts charged on the ground that the following facts and circumstances were reliable in the fourth through fifth of the lower judgment.
① The victim consistently and specifically stated the instant crime from the time when he was investigated by the police to the original court.
② At the time of the first investigation, the victim made a false statement on the assessment of the pipe of the instant crime.
③ On March 11, 2017, the day following the crime under paragraph (2) of the crime in the judgment of the court below (the instant charges consist of three indecent acts by compulsion, and the second indecent acts by compulsion), the victim sent text messages to two friendships and discussed the fact that the victim was indecent acts from the Defendant.
(4) It is difficult to find out the motive for the victim to file a complaint by falsely tending the fact of damage.
There is no reasonable circumstance to deem that the reasoning of the above judgment by the court below is clearly erroneous or that the argument leading to the fact-finding is considerably unfair due to the violation of logical and empirical rules.
On the other hand, the witness I of the political party has been the victim at the Institute of Art Research as to the circumstances at the time of the crime stated in paragraph 1 of the facts constituting the crime in the judgment below.