아동ㆍ청소년의성보호에관한법률위반(준강간등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal did not commit an indecent act against the victim and did not know that the victim was a juvenile, but the court below found the defendant guilty of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. On June 22, 2012, the Defendant: (a) on June 2, 2012, the summary of the facts charged in the instant case: (b) around 08:05, at the Dratum room located in Seo-gu Daejeon, Seo-gu, Daejeon: (c) the juvenile victim E (the 17-year-old age-) was locked by side, and was willing to find out and commit an indecent act against the victim’s seat; and (d) included the hand in the side page of the victim’s seat as the part of the victim’s inner part.
As a result, the defendant committed indecent acts by taking advantage of the mental condition of the juvenile victim.
B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to whether the Defendant committed an indecent act against the victim, it is recognized that the Defendant intentionally committed an indecent act on the part of the victim.
(1) The victim's statement at the police and the court of the court below stated that "I am brying and making soup." "I am saw that I am am sather am sather am sather am sather sather am sather, and am sather sather am sather sather sather am, and immediately her sather am sather am sather amsather sather amsather sather amsather, and I am sather amsather amsather amsather amsather." "I am sather amsather sather amsather sather ambry, I am sather sather sather amsather sather sather sather, and the defendant answer "."