성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
The defendant is sentenced to two years of imprisonment with prison labor for the first, second and second crimes in the judgment of the court below.
1. Summary of grounds for appeal;
A. In the process of the original trial, the Defendant recognized all the facts charged of this case in the process of the original trial, but the judgment of the original court contains an error of misconception of facts as follows.
1) With respect to the crime No. 1-A of the facts of the crime in the holding of the court below, the defendant merely called "the defendant would continue to hold a baby with a liquid leader," but did not actually appear. 2) With respect to the crime No. 2-C of the facts of the crime in the holding of the court below, it is merely that the defendant did satis in the course of personnel management for the victim B, and there was no intention to commit sexual indecent act.
3 In relation to the part concerning the victim C, the Defendant’s satisfeing the victim C with fingers in the process of overcoming the loss, and did not have sexual expression or contact.
B. Regarding the first-B of the crime of mental and physical disorder as indicated in the judgment of the court below, it is not memory as to what kind of work the defendant had under the influence of alcohol at the time.
2. Judgment on the defendant's assertion of mistake of facts
A. In an indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes an indecent act ought to be determined with caution in full view of the victim’s intent, gender, age, relationship between the actor and the victim, circumstances leading to the act, specific form of act, objective situation surrounding the act, and sexual morality concept in that time.
In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.
(See Supreme Court Decision 2013Do5856 Decided September 26, 2013). Meanwhile, a minor victim is a relative who is in the position of protecting and supervising himself/herself.