아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment below
On October 17, 2012, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is committed.
The grounds of appeal are examined.
1. Of the facts charged in the instant case, the summary of the facts charged regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) on October 17, 2012 is as follows: (a) the Defendant boarded the bus No. 604 according to the victim on October 17, 2012, around 08:08, the Defendant was on board the bus No. 604 according to the victim; and (b) the Defendant committed an indecent act by coercioning the victim’s chest by inserting his/her fingers into the victim’s school uniforms.
2. The lower court acknowledged the following facts: (a) the victim made a statement to her mother that she is constantly sexually indecent act at the city bus: (b) the victim’s mother and her mother were on October 17, 2012; (c) the victim was on board the city bus with the victim to take advantage of the Defendant on October 17, 2012; (d) the Defendant was able to take her hand on the part of the victim following the victim’s bus with his hand going to the victim’s school uniforms; and (d) the victim’s mother and her mother are on board as well as many people are on board the bus at the time, and (e) the Defendant did not act or act with the victim’s mother and her mother until the victim’s termination; and (e) the Defendant did not act with the victim’s mother until her mother and her mother were removed from the victim’s exercise of force on the ground that there is no evidence to prove that the indecent act constitutes an indecent act against the victim’s intent to exercise of force.
Furthermore, the lower court erred by misapprehending the legal doctrine on the punishment, etc. of sexual crimes within the scope recognized as identical to this part of the charges.