성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal - misunderstanding of facts or misunderstanding of legal principles can be sufficiently recognized that the Defendant committed an indecent act against the victim in light of the relationship with the victim or the circumstances leading up to the crime, such as the fact that the Defendant was aware of the victim under six years of age who was married with the mixed person, and that it appears that he was aware of the fact that he had the victim's sexual intercourse with the mixed person, and that he was aware of the fact that he had the victim's sexual intercourse with the other school, that the Defendant attempted to salute the victim, that he attempted to salute the victim, the telephone number of the victim, that the victim was asked, that the victim's salute was flick, and that the Defendant was snick at the time
Nevertheless, the court below acquitted the charged facts of this case, and there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. The facts charged in this case and the judgment of the court below
A. On April 5, 2013, the Defendant, at around 08:10, at the time of serving as Cmotor vehicle D, asked the victim E (n, female, and six years of age) who is mixed with the victim to “school,” and approach the victim’s hand, and walk up at the front of G elementary school located in the Sinpo City F, Mapo City, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.
On the other hand, the Defendant continued to sit in the front of the above school, write the victim's hand, write his head, and commits an indecent act against the victim under the age of 13 by putting the face close to the face of the victim.
나. 원심의 판단 원심은, ① 피해자는 경찰 조사 당시 ‘피고인이 피해자의 손 이외에 다른 곳을 만지지 않았고 피고인의 얼굴을 피해자의 얼굴에 가까이 댔는지는 모르겠다.’고 진술한 점, ② 피고인이 피해자와 함께 공소사실 기재 H 문구점으로 들어온 이후의 모습을 전부 목격한 증인 J도 원심 법정에서 '피고인이 피해자의 몸을 더듬지는 않고 그냥 어깨에 한 손을 얹고 다른 손으로 피해자의 손을 만지면서...