성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 30 million.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant asserts that the victim’s brupter was open, and the Defendant thought that the victim’s brupter was a brupter, thereby raising the victim’s brupter, but did not use the part of the victim’s brush due to his brush.
However, the court below held that the defendant committed an indecent act by force against the victim by doing such act.
The wrong determination was made.
Therefore, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. At the time of the instant case, the Defendant, who claimed mental or physical disorder, was drunk, lost mental or physical disability, or was in a state of mental or physical weakness.
Even so, the lower court found the Defendant guilty of committing the instant crime in a normal state.
(c)
The punishment of the court below (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence submitted by the prosecutor on the assertion of mistake of facts, the fact that the defendant committed the indecent act by using the victim's negative part above twice on the next hand shall be sufficiently recognized by the defendant's loss, such as the facts charged.
Therefore, the defendant's assertion of mistake is rejected.
B. According to the records of the determination on the assertion of mental and physical disorder, even though the defendant was in a state of drinking a little amount of alcohol at the time of the crime of this case, and the defendant was aware of the fact that he was aware of the fact due to the aftermath of the traffic accident, it does not seem that the defendant was in a state of loss or lack of decision-making ability at the time of the crime of
Therefore, the defendant's mental disorder is not accepted.
(c)
The judgment of this case on the wrongful argument of sentencing is that the defendant committed an indecent act by deceiving the part of the victim who is only nine years of age, and the nature of the crime is less than that of the victim.
shall not be required to do so.
However, the crime of this case is committed by the defendant using the right seat of the defendant.