아동ㆍ청소년의성보호에관한법률위반(위계등추행)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not take charge of the parts of the Victim F, who is a child or juvenile, around October 2014, and the Defendant’s act of putting the head of the Victim F twice and rhying them into two parts does not constitute an indecent act. The Defendant did not have aground with the Defendant’s arms on the Victim E and shoulder, who is a child or juvenile, around December 2014, and had the Defendant’s face close to the victim E to explain during class hours.
Even if this does not constitute an indecent act, the lower court convicted all of the facts charged, which is erroneous in misunderstanding of facts or misunderstanding of legal principles.
B. Comprehensively taking account of the evidence submitted by the prosecutor, the court below acquitted the Defendant of all the facts charged, on May 2014, on the ground that the Defendant intentionally committed an indecent act, brought the Defendant’s left floor of the Defendant to the right knives of E, and by force, committed an indecent act against E, a child or juvenile, and sufficiently recognized the fact that F’s her son’s son’s son’s son was committed by force on March 2015 with his son’s son’s son’s son’s son’s son on two occasions. However, the court below acquitted the Defendant of all the facts charged. In so doing, the
2. Determination
A. Determination of the Defendant’s assertion of mistake of facts refers to the ability sufficient to suppress the victim’s free will. Since it does not ask either tangible or intangible, it is possible to use the social and political status or authority of the offender as well as assault and threat. Whether sexual intercourse or indecent act was committed by force or not shall be determined by comprehensively taking into account all the circumstances, including the content and degree of the force exercised, the type and degree of the offender’s status or authority, the victim’s age, the relationship between the offender and the victim prior to such act, the circumstances leading to such act, the specific form of act, and the circumstances at the time of the crime.