아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In light of the victim’s assertion, the Defendant did not have any fact about the victim’s sacrificing, etc.; furthermore, the Defendant obtained the victim’s consent at the time of photographing the victim’s photograph or obtained such consent; thus, there was no intentional indecent act by compulsion; and the Defendant did not recognize that the victim was a juvenile under the age of 19.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.
B. The sentence imposed by the court below on the defendant (the fine of KRW 10,000,000, etc.) is too unreasonable.
2. Ex officio determination