아동ㆍ청소년의성보호에관한법률위반(강제추행)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In relation to Defendant B’s crime on April 2014, 1) Defendant B, Defendant B, at the same date and time as indicated in the facts charged, and at the same place as indicated in the facts charged, Defendant B was unable to memory the victim M with any speech and behavior, and Defendant B provided the victim M with such speech and behavior as described in the facts charged.
However, this cannot be evaluated as an indecent act because it was an act of pro-friendly and highly friendly expression, and there was no intention to commit an indecent act.
② With respect to the crime committed during June 2014, Defendant B was unable to memory the victim’sO specifically speaking and behavior at the same date, time, and place as indicated in the facts charged, and Defendant B provided the victim’sO with the same speech and behavior as indicated in the facts charged.
Even if at the time the above defendant was locked with a sense of mind, it cannot be evaluated as an indecent act because it was an indecent act by the victim's O's abrupt behavior due to a frush behavior, and there was no intention to commit an indecent act.
2) Defendant C merely drinks with community residents and drinks at the time and place indicated in the facts charged and did not commit an indecent act against the victim M in the performance stage.
B. The sentence of the judgment below which was unfair in sentencing (the fine of KRW 13,00,00 and the suspended sentence of KRW 1 year for Defendant C’s imprisonment) is too unreasonable.
2. Determination
A. Determination on Defendant B’s assertion of mistake of facts 1) The lower court determined that Defendant B’s act by Defendant B (hereinafter “Defendant”) constitutes an indecent act committed in the course of forced indecent act in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, and that Defendant’s intentional act was also acknowledged as to the indecent act.
(1) The defendant has been bad in our case to the victim M who caused the key to the computer room.
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