아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. Although the Defendant misunderstanding of facts had made the victimized child the same remarks as the facts charged, whether the victimized child was a female-friendly Gu from the victimized child rather than having made the victim make the above remarks first.
The court below found the defendant guilty of the facts charged of this case, even though the defendant did not make the above remarks with the intent to cause a sense of sexual shame to the victimized child, since he was asked about the above remarks, there was an error of law by misunderstanding the facts.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, an order to complete a sexual assault treatment program 40 hours, and an order of employment restriction 3 years) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, and K, on behalf of the victimized children and the victimized children, who reported the instant case to the police, notify the Defendant of the method that the Defendant Da himself uses two hours on the part of the victimized children on board the kisc in the instant playground and playing the kisc.
“A child victimized by her horses has left the water on the ground, and “Admony” is required.
“......”
The CCTV images submitted by the prosecutor also seem to correspond to the statements of the victimized child and K, and it seems that there was no fact that the victimized child gets at the front of the victimized child or was divided between the Defendant and the victimized child prior to leaving the speech to the victimized child, such as the Defendant’s change of address, and that there was no response that the victimized child heard the said horses from the Defendant and i.e., the victimized child was suffering from the above physical disease, and that the victimized child and the victimized child observed the said situation.
K Do Do Do has reported to the police because the speech and behavior of the defendant is too unfasible.
Considering all the statements, the defendant's own charges are charged against victimized children.