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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, the defendant could sufficiently be found to have committed an indecent act against child E, but the court below found the defendant not guilty of the violation of the Act on the Protection of Children from Sexual Abuse among the facts charged in the instant case. Therefore, the court below erred by misapprehending the facts.
B. The sentence of the lower court’s improper sentencing is too uneasible.
2. Determination
A. Determination on the assertion of mistake of facts 1) The summary of this part of the facts charged is as follows: (a) the Defendant committed an indecent act against E, a juvenile, who was a child or juvenile, at D Hospital located in Doang-si, Sinhyeong-si, D on September 2015, in which he reported the food table at D, Don-si, Sin-si, Don-si, D, Don-si, with E, only once the chest part of E was put in the food table along with E, and committed an indecent act.
2) The lower court’s determination comprehensively based on the following circumstances acknowledged by the lower court: (a) the Defendant and E had a sense of view at the time of the instant case; (b) the Defendant was a public place where the Defendant sent the chest part of E; and (c) in the investigative agency and the lower court’s court, the Defendant stated in the investigative agency and the lower court that “E was sent the chest part of E at the same place as 2,3 times a week for about two weeks; (d) it appears that the Defendant continued to feel sexual humiliation; (e) it would be difficult to understand that the Defendant did not speak to the doctor or nurse in charge of repeated indecent acts; and (e) in the lower court’s court, the Defendant was removed from the Defendant’s hand without having “in the event of the Defendant’s chest,” and that he did not cause a sense of aversion or aversion to other persons; and (e) in so doing, the Defendant did not have made a statement as to the Defendant’s act of sexual humiliation or aversion.”
There is no statement of E, and 7 E is asked for the defendant's specific behavior.