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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 merely caused kisk by means of a petular expression, and did not have any subjective purpose to stimulate or satisfy the Defendant’s sexual desire, so even though the Defendant’s act does not constitute an indecent act, the lower court determined that it constitutes an indecent act by misapprehending the legal doctrine, thereby convicting the Defendant of the instant facts charged. 2) The sentence (fine 3 million won, etc.) sentenced by the lower court is too unreasonable.
B. The Prosecutor’s sentence that the lower court sentenced is too uneasible, and the Defendant is likely to repeat a crime, and thus, he/she must issue an order to disclose and notify personal information and an attachment order to the Defendant.
2. Determination
A. As to the Defendant’s assertion of misapprehension of the legal doctrine, the crime of indecent act by compulsion by a minor under Article 305 of the Criminal Act is the legal interest of “the right to form sexual identity and values without any psychological disability where a child under the age of 13 was in an inappropriate sexual stimulation or exercise of physical influence.” The subjective elements necessary for such establishment are sufficient only by intention, and it does not require any subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire (see Supreme Court Decision 2005Do6791, Jan. 13, 2006). The evidence duly adopted and examined by the lower court is that the Defendant was aware of the victim at all, and the Defendant first visited the victim in the elevator to visit the wife house on the day of the crime of this case, and the Defendant thereafter got into the part of the victim’s body, and then, the Defendant was injured by the police at the time when the victim got out of the elevator.
I believe that sexual misconduct is reasonable because he kisked on the above part, which is an important part of body.
Where a person who appears to be the defendant again at the bus stops is the same.