강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts (indecent act by compulsion of facts) even though the Defendant attempted to help the victim who committed an indecent act only, and did not commit an indecent act, the lower court’s conviction of this part of the facts charged is erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment. (2) The lower court’s sentence of unfair sentencing (limited to eight months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment on the Defendant’s assertion of mistake of facts: (i) The victim D was at home from an investigative agency to the lower court’s court to the effect that “the victim was at issue on August 31, 2013 and was parked in a vehicle parked in the victim’s seat, and was parked in the vehicle parked in the victim’s seat,” and (ii) the Defendant made a mutually consistent and concrete statement as to the situation at the time of the lower court’s judgment; and (iii) K and L, which had observed the situation at the time, did not contain any inconsistency or inconsistency with each of the statements made by the investigative agency and the lower court and the statements made by the said victim at the lower court; and therefore, the Defendant’s assertion of mistake of facts is sufficiently acceptable, as stated in its reasoning, since the Defendant could have committed an indecent act against the victim D.
3. Ex officio determination
A. The lower court exempted the Defendant from disclosure and notification of personal information on the ground that there are special circumstances for not disclosing the registered personal information of the Defendant, by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc.
(b) ex officio.