아동ㆍ청소년의성보호에관한법률위반(위계등추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. 1) Of the facts charged in the instant case, the remainder except for paragraph 9-6 of the attached Table Nos. 9 from among the facts charged in the instant case is practically restricted by the Defendant’s exercise of the Defendant’s right to defense due to an unspecified time of the crime, thereby constituting an unlawful indictment. 2) The Defendant did not commit an indecent act against the victims by
Nevertheless, the lower court found the Defendant guilty of the facts charged based on the statement of the victims with no credibility. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment
3) In light of the relationship between the defendant and the victims, the circumstances leading up to their physical contact, and the specific form of conduct among the facts charged in the instant case, the remaining part, except for section 1-3 of the separate crime list Nos. 1-3, cannot be deemed as significantly infringing on an individual’s sexual freedom. From the perspective of ordinary people, it does not constitute an act of causing sexual humiliation or aversion to the extent that it can be evaluated as an indecent act, and thus, it cannot be deemed as constituting “indecent act” as provided in the Act on the Protection of Children and Juveniles against Sexual Abuse. Furthermore, in light of the method and degree of indecent act, it cannot be deemed that there was an intentional indecent act committed against the defendant at the time. 4) In light of the method and degree of the indecent act, the place where the instant case occurred was committed and most of the cases occurred while other students were accompanied, it cannot be deemed that the defendant committed
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. As to the assertion that the facts charged are not specified, the date and time of the crime.