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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, the annexed list of crimes in the judgment of the court below (hereinafter “the list of crimes”).
As to the facts charged in Nos. 2, 4, 6, and 9, the Defendant’s act of taking the victim’s hand or rhying his head does not constitute an indecent act to the extent that would cause a sense of sexual shame. Nevertheless, the lower court determined that the Defendant’s act constituted an indecent act and found the Defendant guilty of this part of the facts charged. 2) The lower court’s sentencing is too unreasonable.
3 The court below's improper order to disclose or notify personal information to the defendant is unjust.
B. The lower court’s sentencing is too unjustifiable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the crime of indecent act by force against a minor under the age of 13 under Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is the legal interest protected by the “the right of a child under the age of 13 to form sexual identity and values without any improper sexual stimulation or physical handicap from outside.” Thus, there is no subjective motive or objective to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment thereof.
In the above crime, the term "indecent act" means an act that objectively causes a general or average person in the same place as the other party to feel a sense of sexual humiliation or aversion and violates good sexual morality, and thus infringes on the victim's sexual freedom. Whether it constitutes such an act shall be determined with careful consideration of the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, objective situation in the surrounding area, and the sexual moral sense of the age.