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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles regarding the outer diagnosis suffered by the victim of this case is an extremely minor body that can naturally be cured due to the passage of the time without any interference with the victim's daily life even if the medical condition was not treated. As a result, the physical integrity of the victim is damaged and the physical health condition of the victim cannot be seen as being damaged or as being damaged to the degree that the living function of the victim may be damaged. Thus, the court below recognized this as an injury to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the court below erred by misunderstanding of facts and legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentencing (one year and six months of imprisonment, and twenty hours of order to complete sexual assault treatment programs) is too unreasonable.
2. Determination on the grounds for appeal
A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the injury of the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) refers to the change of the victim’s health condition in bad condition, and the occurrence of a disturbance to the function of life. Whether the victim’s health condition is not an objective and uniform determination, but an objective and uniform determination should be made on the basis of the victim’s age, gender, physical and mental specific conditions, such as physical
(See Supreme Court Decision 2004Do1137 delivered on July 14, 2005, etc.) The lower court determined that the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse was committed on the basis of the following circumstances, comprehensively taking account of the following circumstances that can be seen by comprehensively taking account of macroficial evidence.
(1) The outer part in which the injured party suffered shall cease to have left hand at the time of the instant case.