강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act by deceiving the victim’s her butt, as stated in the facts charged.
The fact that the defendant was aware of the victim's blickness does not go against the victim's will.
B. The Prosecutor’s sentence (the fine of KRW 700,00,000 and the order to complete a sexual assault treatment program) is too unfilled and unreasonable.
2. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court can recognize the Defendant’s indecent act by force as stated in the facts charged.
Therefore, the defendant's assertion is without merit.
At the investigative agency and the court of the court below, the victim returned to the defendant as soon as possible one hour in consideration of the defendant's indecent act, and her drinking in singing room was done with the defendant during the remaining hours at the defendant's request. The defendant was her knife by inserting his knife and her own knife, and her knife at his own knife, and her sexual indecent act is called "CCTV..........., even though she talked to the purport, I repeated the same act," and made a consistent and concrete statement as to the main part of the facts charged.
B. CCTV images installed in the instant singinging room (the victim’s body is familiar with the victim’s body and the victim’s body is extended to the upper part of the victim’s body; the victim’s singinging away immediately after the victim’s body is extended to the upper part of the victim’s body; and the Defendant’s re-sing one hand to the lower part of the victim’s body, and the victim’s re-sing is taken) also conforms to the victim’
C. Even after the occurrence of the instant case, the Defendant continued to sing with the victim, drink and physically contacted with the victim, and the victim immediately resisted or did not report.