아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The summary of grounds for appeal;
A. In relation to the crime of the victim on February 26, 2016, the Defendant committed the crime of “E” as a public toilet operated by the Defendant (hereinafter “E”) but, at the time, the Defendant did not commit an indecent act against the victim F at the time, stated that the Defendant did not have any intent to commit an indecent act, and that the victim F would not smoke tobacco in the toilet, and that the victim F would not smoke, and that there was no fact that the victim F’s body was f’s left chest.
In light of the fact that the contents of the statement prepared by the victim F and the circumstances leading up to the fact that the defendant's chest was delivered between the above victim's statement at the time of the recording of the statement and the statement made by the victim F are different from the place where the above victim's chest was delivered to the victim's chest, the developments leading up to the victim's statement are close to the contents of the victim F's statement, and the victim F also made a statement that does not preclude the possibility of the defendant's knife from being exposed to the defendant's knife in the course of making the victim'
It is difficult to see it.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.
B. On February 27, 2016, the Defendant, with respect to the crime committed on February 27, 2016, said that the victims are willing to smoke.
In order to guide the victims to the toilets at the end of the defect corridor, there is no fact that the victims' losses were sealed in the winters of the victims, or the chests of the victims' G were stored in the winters of the victims.
Even if the Defendant’s hand was contacted,
Even if at the time, the victims were sent up with a cover, and the defendant was only likely to have contacted the victims in the process of noting them, and the possibility that the victim's statements were distorted as the male-friendly group of the victims G intervene in the process of reporting cannot be ruled out, and the victims' statements were likely to have been distorted by themselves.