성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, it is recognized that the defendant injured the victim who is a child under 13 years of age in the elevator. The above act by the defendant constitutes a forced indecent act, and even if the defendant was recognized as the criminal intent of indecent act, the court below acquitted the defendant of the facts charged in this case. Thus, the court below erred in the misapprehension of facts.
2. Determination
A. The summary of the facts charged is Grade III with mental retardation.
On April 3, 2018, at around 19:20, the Defendant collected drinking water from the victim D (hereinafter “victimd children”) who was on board an elevator 108 Dong-gu Seoul Metropolitan Government apartment building C, and collected drinking water from the victim D (hereinafter “victimd children”) who was on board the elevator (hereinafter “victimd children”) on April 3, 2018, and the damaged children, who frighted to drinking water in the following conditions, were able to compensate for the losses of the victimized children who were fluent children, and the Defendant was unable to close the elevator door even after the elevator arrived at the 7th floor, which is its own objective. The Defendant fluendddded the victimized children by drinking water to the victimized children.
As a result, the defendant committed an indecent act against a minor under 13 years of age.
B. The lower court’s judgment, based on the following circumstances acknowledged by the record, is difficult to view that the Defendant’s act of making a child’s sexual identity and values are an exercise of physical force against criminal punishment, which causes a sense of sexual humiliation or aversion beyond having the victimized child feel a sense of prudent or displeasure, even when considering the universal perception of our society that actively respects the formation of a child’s sexual identity and values, the evidence submitted by the prosecutor alone cannot be deemed as an exercise of physical force against criminal punishment that causes the victimized child to feel a sense of sexual humiliation or aversion, and there was a perception or criminal intent that the Defendant committed an indecent act against the Defendant at the time in light of the circumstance leading to such act, specific form, and