아동ㆍ청소년의성보호에관한법률위반(강제추행)
Defendant
All appeals by prosecutors are dismissed.
Summary of Grounds for Appeal
Defendant
The Defendant alleged misunderstanding of facts was faced with the victim who was unfolded with his head, and was pushed with the victim, and did not have the victim's her her her her her her her her her her her her her her her her t
In light of the economic situation of the defendant's assertion of unfair sentencing, the punishment imposed by the court below on the defendant (three million won of fine) is too unreasonable.
In light of the fact that the Defendant was sufficiently aware of the fact that the victim was a child or juvenile, or at least did not do so, and thus, the part of the judgment below which rendered the judgment of the court below that acquitted the victim was illegal, even if it was sufficiently recognized that the Defendant committed indecent act by force when he knew of the fact that the victim was a child or juvenile or at least was aware of the fact that the victim was a child or juvenile, and that the Defendant had worked in the company after entering the Republic of Korea on April 12, 201.
In light of the fact that the Defendant denied the instant crime and did not reflect on the allegation of unfair sentencing, the sentence imposed by the lower court against the Defendant is too uneasible and unfair.
Judgment
In the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant made the same assertion as that of this part of the grounds for appeal. As to this, the lower court respondeded to the following circumstances, namely, ① the victim may have been aware of according to the records: (a) the victim made a concrete and detailed statement in the circumstances that he was in danger of indecent act by the Defendant; (b) the victim’s friendly job offering D was deemed to be credibility in the statement because it is difficult to find out any special reason or motive to find the Defendant; and (c) the victim’s friendly job offering D was able to look at the Defendant immediately after the victim was victimized by the victim, thereby making the victim’s “the victim was sexual indecent act by the foreigner.”