아동ㆍ청소년의성보호에관한법률위반(강간)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Of the judgment of the court below of first instance, the Defendant asked the victim D to “weld” for the case 2018Dahap110, the victim D, who was asked the victim D to “weld”, stated that the victim D consented to the sexual intercourse, and the victim D did not express his intent of refusal even during the sex relationship. In addition, the victim D consistently stated to the effect that “I had not inserted the Defendant’s sexual organ in his sexual organ at the time of the instant case,” and there was no evidence that the Defendant’s sexual organ was inserted in the victim’s sexual organ in addition to the Defendant’s false confession. Nevertheless, the court below convicted the victim D of the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) against the victim D, and there was an error of mistake of facts in the judgment of the court below as to the degree of sexual self-determination at the time of exercising the victim’s sexual self-determination right or forming the victim’s sexual ability to protect the victim’s sexual organ at the time of the instant case.
Since the Defendant and the victimized child were in a dead state with a view to each other, the Defendant’s sexual intercourse with the victimized child does not constitute “sexual abuse” prohibited by the Child Welfare Act.
Even though the defendant returned to or contacted the parents of the victimized child, the victimized child was refused to do so, and even though the victimized child has experience in self-injury, the victimized child also prepared a letter seeking another person to provide a lodging on SNS, and if the accused does not protect it, the victimized child is highly likely to face a new danger.
As a result, there is an inevitable circumstance that the defendant cannot protect the victimized child, so that the defendant has to protect the victimized child for a short period.