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The judgment below is reversed, and the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the first instance court, the lower court is justifiable to have determined that the Defendant was guilty of all of the facts charged (excluding the portion of innocence) in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on “production, display, and emotional abuse” under the Act on the Protection of Children and Juveniles against Sexual Abuse, without failing to exhaust all necessary deliberations as alleged in the grounds of appeal.
2. Judgment on the prosecutor's grounds for appeal
A. Examining the reasoning of the lower judgment in light of the relevant legal principles and records as to the violation of the Child Uniforms Act due to the “act of having a child engage in obscene acts”, the lower court is acceptable to have acquitted the Defendant of violating the Act on the part of the facts charged in the instant case as stated in its holding. In so doing, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.
B. As to the violation of the Child Reinstatement Act due to “sexual harassment, etc. that causes a sense of sexual humiliation to a child”, Article 1 of the Child Reinstatement Act provides that “The purpose of this Act is to guarantee the welfare of a child so that the child can be born healthy and grow up happy and safely.”
Article 3 provides that “The children shall grow happyly in a stable family environment for the development of perfect and harmonious personality (Paragraph 2). The interest of the children shall be first considered in all activities related to the children (Paragraph 3).”
In addition, Article 2 subparagraph 7 of the Child Abuse is a physical, mental and sexual violence that may harm the health or welfare of a child or impede the normal development of a child by adults, including a protected person.