아동ㆍ청소년의성보호에관한법률위반(강제추행)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles concerning the crime of this case committed by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) cannot be deemed an indecent act committed in a way other than exercising tangible power, and rather, it constitutes a typical indecent act by force by force, and thus constitutes a typical indecent act by force, the judgment of the court below which acquitted the Defendant on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force) and convicted only the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act at a public place).
B) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable. 2) The Defendant’s crime of this case on the part of the Defendant’s claim for an attachment order constitutes a sexual crime stipulated in the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and the Defendant’s dismissal of the Defendant’s request for an attachment order of a location tracking device even though
B. The sentence of the lower court is too unreasonable, and there are special circumstances to exempt the Defendant from the disclosure notification order.
2. Determination
A. The lower court’s judgment on this part of the facts charged by the Defendant’s indecent act by force against the victim who is a juvenile is divided into: (a) indecent act by assault and threat (Article 298 of the Criminal Act); (b) indecent act by assault and threat (Article 305 of the Criminal Act); (c) indecent act by force, etc. (Article 302 of the Criminal Act; Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 10 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (d) simple indecent act which is not used as a means of assault, threat, force, etc.; and (e) the lower court’s judgment on this part of the facts charged.