beta
(영문) 광주고등법원 (전주) 2013.07.02 2013노107

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In general, the victims of the grounds for appeal are minors, and follow the direction of the Nargrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

In addition, violence against the crime of indecent act by compulsion does not necessarily require that it be sufficient to suppress the other party's will. Since there is a force against the other party's will, if there is a force against the other party's will, the victim's ability is fluence, and therefore, the defendant's appearance of the victims on his/her own will is against the victim's will to be regarded as the exercise of tangible force against the victim's will. The defendant's appearance of the victims on his/her own will is against the victim's will. The defendant's appearance of the victim's shoulder from the victim's shoulder against the victim's will causes sexual humiliation or aversion to the general public and is against good moral sense. The victim's intention of indecent act can be acknowledged as long as the victim's sexual humiliation was caused by the defendant's act.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding indecent act by compulsion, or by misapprehending the fact that it is difficult to regard the Defendant’s act as an indecent act, and thus, it is difficult to view the Defendant as having committed an indecent act.

2. Determination

A. The summary of the facts charged is as follows: Gunsan City C.