아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for one year.
provided that this ruling has become final and conclusive.
1. The scope of the judgment of the court below is recognized as guilty only for the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, and the court below rendered a judgment dismissing the prosecution on the ground that the victim had withdrawn his/her wish to punish the defendant. Since only the defendant appealed on the guilty portion among the judgment below, the judgment dismissed by the court below is separate and finalized as it is, and the judgment of the court below is against the Act on the Protection of Children and Juveniles against Sexual Abuse, but it is within the scope
2. Summary of grounds for appeal;
A. Although the Defendant, by mistake of facts or misapprehension of legal principles, made twice the victim's shoulder and did not constitute an indecent act in the crime of indecent act by compulsion, the lower court convicted him of the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse. The lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
B. When committing the instant crime, the Defendant committed the instant crime under the influence of alcohol at the time of committing the instant crime with weak capacity to discern things or make decisions, but the lower court did not reduce due to mental or physical disability.
C. The sentence imposed by the lower court (two years of probation, probation, and lecture attendance order for one year of imprisonment) is too unreasonable.
3. Determination
A. According to the evidence duly adopted and examined by the lower court, including the victim’s statement, as to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant: (a) went away from the victim D (the 17 years old), who returned home on May 15, 2014 at the front side of the Suwon-gu Suwon-si, Suwon-gu, Suwon-si; (b) was humping off the victim’s shoulder; and (c) was humping the victim’s shoulder. The Defendant humping out the Defendant’s arms, humping the escape, and humping back the victim’s shoulder.