성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The defendant's appeal is dismissed.
misunderstanding the substance of the grounds for appeal and misunderstanding of the legal principles, the defendant was expected to be a bus stop facility while waiting the bus at the time and place stated in the facts charged.
Although there is a fact of contact with the victim E's shoulder while leaving the right arms, there is no indecent act against the above victim as stated in the facts charged.
In addition, the defendant did not commit an indecent act against the victim F as stated in the facts charged.
Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous by misapprehending the legal principles.
Even if the facts charged of this case were found guilty, in light of the following: (a) the degree of indecent conduct against the victims is minor; (b) the Defendant is a disabled person who has been judged as having a disability third degree due to brain illness; and (c) the Defendant has no record of the same kind of crime between about 18 years, the sentence of the lower court (a punishment of imprisonment of two years and six months, and forty (a period of a sexual assault treatment program program program program program program program program program program program program program program program
Judgment
The Defendant alleged that the lower court did not have any contact with or indecent act against the victims’ body at the lower court’s judgment on the assertion of mistake and misapprehension of the legal doctrine, but the lower court stated that “The victim E is waiting for a bus at the bus stop at the investigative agency, and the Defendant is bad while leaving the bus at the bus stop.”
In the end, approximately 30 seconds of the 1999.
In addition, after diving, the victim F was stopped at the bus stop, and the defendant was not able to prevent the victim F from working as a shoulderer even with the victim F.
The victim F made a statement to the effect that he was "," and the victim F was able to get a bus to a bus stop at the investigative agency, and the victim F was flick, but the Defendant flicked to flick the bus stop.
“The statements of the victims” are consistent and consistent with the main parts of the victims’ statements, and are in itself the contents of the statements.