2016Do11797 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as Fraudulent Means)

A person shall be appointed.

Defendant and Prosecutor

Law Firm F

Attorney G, AM

Seoul High Court (Chuncheon) Decision 201553 Decided July 13, 2016

May 11, 2017

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the prosecutor's grounds of appeal

According to the reasoning of the judgment below, since a doctor's act in the course of treatment and treatment for a patient's body may be misunderstood or criticized due to an indecent act in accordance with the patient's awareness, there is no reasonable doubt as to the fact that it can be evaluated as an indecent act conducted under the intent to infringe the victim's sexual freedom beyond the scope of treatment or treatment. In a case where the prosecutor's proof does not reach the sufficient degree to have conviction as to the fact, the prosecutor's overall treatment process should be judged as the defendant's interest even if the prosecutor's overall treatment process is not open to a certain degree, and the evidence submitted by the prosecutor alone, based on the circumstances in its reasoning, determined that the defendant's act committed in the course of treatment for the victim's victim's sexual self-determination and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a fraudulent act, etc.) against the victim K constitutes an indecent act committed against the victim's sexual self-determination or that it is difficult to prove each of the above acts under the premise that the defendant's aforementioned indecent act constitutes an indecent act.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s aforementioned measures are acceptable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of

2. As to the Defendant’s ground of appeal

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just that the court below found the defendant guilty of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (excluding the part of acquittal in the reasoning) listed in [1] No. 7 and No. 8 of the annexed list of crimes in the judgment of the court below among the facts charged in this case against the defendant on the grounds as stated in its reasoning, and there is no violation of law by failing to exhaust all necessary deliberations and by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

3. Conclusion

All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-deok-deok

Justices Kim Jae-han

Justices Kim So-young

Justices Lee Dong-won