아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The victim's statement that conforms to the facts charged in this case of mistake of facts is not reliable, and there is no other evidence to acknowledge the facts charged.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.
B. The sentence imposed by the lower court (two years of imprisonment and six months of suspended execution, etc.) is excessively unreasonable.
2. Determination
A. The lower court also asserted that the Defendant did not commit an indecent act against the victim as alleged in the grounds of appeal, and that there was no intention to commit an indecent act, as alleged in the grounds of appeal.
In regard to this, the court below's decision should be made carefully by comprehensively taking into account the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, objective situation surrounding the act, sexual morality, etc., which objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing the victim's sexual freedom.
The intent of indecent act by compulsion is recognized as having awareness and intent on the act itself evaluated as an indecent act, and such evaluation does not need to be made in detail.
In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.
Supreme Court Decision 2013Do5856 Decided September 26, 2013 (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013) comprehensively takes account of the circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, it is recognized that the defendant has met or induced the victim as stated in the facts charged in this case