아동ㆍ청소년의성보호에관한법률위반(강제추행)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The lower court’s decision [2015Gohap4] In relation to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion), there is a fact that the Defendant rhym and tacks the victim E’s head and shoulder up two to three times. However, the Defendant did not intend to commit an indecent act against the victim at the time, as it was contingent in the process of the Defendant’s aboveing the victim who was victimized by the fraud.
B) With regard to the violation of the Road Traffic Act [2015Kahap125], the court below found the defendant guilty of all the charges of this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2) In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s punishment (one year of imprisonment and 40 hours of completing sexual assault treatment programs) is too unreasonable.
B. In light of the various sentencing conditions in the instant case by the Prosecutor, the lower court’s above sentence is too uneasible and unreasonable.
2. Determination
A. 1) The judgment of the court below on the Defendant’s assertion of mistake of facts [2015Gohap4] The judgment of the court below on the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by indecent act) was also disputed to the purport that the Defendant alleged this part of the grounds for appeal, and the court below on this issue, under the title “judgment on the Defendant and the defense counsel’s assertion,” the following circumstances acknowledged by the evidence, namely, ① the victim frequently used convenience points as to the damage caused before the instant case at the convenience store at the investigative agency, and the victim came to know of the Defendant by the Defendant, who frequently used convenience points on the part of the victim