The judgment below

On July 3, 2014, violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (13 years of age) is a minor.

The grounds of appeal are examined.

1. As to the defendant case

A. The lower court proved to the extent that there is no reasonable doubt that the Defendant’s act against the victim D constitutes an indecent act, even if the Defendant’s act against the victim D constitutes an indecent act, it constitutes a case where the Defendant committed violence or intimidation to the extent that it would be difficult for the victim to resist, or the Defendant’s act constitutes an indecent act as its own act of assault.

On the ground that it is difficult to view this part of the facts charged, the lower court acquitted the Defendant.

Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence, the lower court erred by misapprehending the legal doctrine on indecent acts in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by force against minors under 13 years of age) and adversely affecting the conclusion of the judgment, contrary to what is alleged in the ground of appeal.

subsection (b) of this section.

B. Article 17 Subparag. 4 of the former Child Uniforms Land Act (amended by Act No. 12361, Jan. 28, 2014; hereinafter “former Child Uniforms Land Act”) provides that “an act of sexual harassment, sexual assault, etc. that causes a sense of sexual shame to a child” refers to sexual harassment, sexual assault, etc. that causes a sense of sexual shame to a child, which may injure the child’s health and welfare or impede normal development, and whether the act constitutes a crime of sexual violence or cruel acts that may injure the child’s normal development. The determination of whether the perpetrator or victimized child has the ability to properly exercise the right to make sexual self-determination, whether the victimized child has sexual values and ability to determine the extent that the victimized child has properly exercised the right to sexual self-determination, the relationship between the perpetrator and the victimized child, the circumstances leading to the act, the specific form of act, and the influence that the victimized child’s act may affect the child’s character development and health.