강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below against the defendant on the summary of the grounds for appeal (the suspension of sentence of a penalty of two million won) is too unfluent and unjust.
2. The circumstances favorable to the defendant are that the defendant recognized the defendant as substitute for his mistake, that is the primary offender, and that the victim who agreed with the defendant does not want the punishment of the defendant.
However, while the crime of this case was committed in a park by the victim (the U.S.), the defendant was able to respond to the first person who requested D and English dialogue and photographing, but the defendant was able to do so, but rather, on the ground that it was difficult for the defendant to understand, the defendant tried to pathize the chest by making an expression of love in the course of investigation.
“” (see, e.g., evidence record No. 16), and the Defendant’s national defense counsel at the lower court’s trial that “I am friendly while talking about this low stories, and that I am hys off.
“The defense counsel’s written opinion was submitted (see, e.g., 20 pages of the trial record). A crime that was committed to see the victim’s own initiative and was committed, and the nature of the crime is not good, and it appears that from the site of another country, the victim was suffering from indecent act while the victim was born, and that the victim would have suffered mental shock and sense of shame (see, e.g., e., Supreme Court Decision 200Do354, Apr. 2, 2009).
I think of it, see Article 30 of the Evidence Records) The defendant denies from an investigative agency to an application for the formal trial of this case that he did not have any fact that he had continued to fit to see, and even if the defendant's statement was made in an investigative agency, he did not have any such case as sexual assault.
“(b)”, “b) and/or photographed, so that it is possible to do so.
“Neither women nor women have tried to spores in the process of expressing their opinions that are not the subject of this letter.”
“The Defendant is therefore (see, e.g., 16, 17 of the evidence record).