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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The court below acknowledged the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on the basis of the statement of the victims, etc. of each part of the crime, although the defendant did not know that the victims were under 13 years of age at the time of the above crime, as stated in the judgment of the court below, and although the defendant did not know that he was under 13 years of age, the court below recognized the crime of violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (a minor indecent act under 13 years of age) on the basis of the facts stated in the judgment of the court below, <2> not only did the defendant were at the time and place stated in the crime of paragraph (3) of the judgment of the court below but also the crime of paragraph (3) of the judgment of the court below was only the defendant's head and shoulder, and it cannot be said that it
B. The sentence imposed by the court below on the defendant (the fine of KRW 15,000,00) is too unreasonable.
2. With respect to the facts constituting a crime as indicated in the judgment of the court below in the trial, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a provision related to the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13 years) shall be maintained as the primary applicable provisions of the Act, but the prosecutor applied for the amendment of a bill of indictment to add Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a provision related to the crime of violating the Act
However, despite the above amendment of indictment, the defendant's assertion of mistake or misapprehension of legal principles still belongs to the scope of the trial at the court.
In addition, the facts constituting the crimes of paragraphs 1, 2, and 4 of the decision of the court below are first examined.