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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the Defendant (the mistake or misunderstanding of legal principles, and unfair sentencing)’s violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against the Victim J by misunderstanding of facts or misapprehension of legal principles, each statement made by the said victim and witness K, which corresponds to this part of the facts charged, is not reliable in light of all circumstances. Even if not, the Defendant’s act stated in this part of the facts charged does not objectively cause sexual humiliation or aversion to the general public, and thus does not constitute an indecent act. 2) The lower court’s punishment (the fine of 6 million won) claiming unfair sentencing is too unreasonable.
B. As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion), each of the above victims' statements against the victim C, D, E, and F is reliable, and each of the above facts charged constitutes an indecent act that causes sexual humiliation or aversion to the general public objectively.
B) As to occupational embezzlement, in light of the overall circumstances acknowledged by the evidence submitted by the prosecutor, it is sufficiently recognized that there was a criminal defendant's intent to obtain unjust enrichment. 2) The lower court's punishment on the allegation of unfair sentencing is too uneasible and unreasonable.
2. Determination:
A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, “indecent act” means an act objectively causing sexual humiliation or aversion to the general public and contrary to good sexual moral sense, which infringes on the victim’s sexual freedom. Whether it constitutes such an act is an infringement upon the victim’s intent, gender, age, relationship between the offender and the victim prior to such an act, circumstances leading to the act, specific form of act, and the objective situation surrounding the act, and the sexual moral sense in that