성폭력범죄의처벌등에관한특례법위반(특수준강제추행)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Considering the fact that Defendant B, who caused mistake of facts and misunderstanding of legal principles, had a wheels before the victim’s house, the above Defendant’s act cannot be deemed to simply be deemed to have committed an indecent act against the victim, and rather, it should be deemed that Defendant A’s act was committed with intent to commit an indecent act against the victim by reporting the Defendant A’s criminal act committed by committing an indecent act against the victim, and such act was committed.
In the judgment of the court below, there is an error of mistake and misapprehension of legal principles.
While the prosecutor appealed from the whole judgment of the court below, he did not state the grounds for appeal of mistake of facts and misapprehension of legal principles in the statement of grounds for appeal, and did not state separately the grounds for appeal of mistake of facts and misapprehension of legal principles concerning the part not guilty (the point of special indecent act by compulsion
However, if the reasons for appeal such as misconception of facts against Defendant B by the prosecutor are accepted, it is difficult to maintain the judgment of the court below as to the acquittal part of the reasons for appeal against Defendant A. The following is to be determined by considering that the prosecutor's reasons for appeal, such as misconception of facts about Defendant B's acquittal part of the reasons for appeal, are included in
B. The sentence imposed by the lower court on Defendant A (one year of imprisonment with prison labor and two years of suspended execution, etc.) is too uneasible and unfair.
2. Determination
A. The summary of this part of the facts charged is as follows: Defendant A committed an indecent act against the victim as in the facts charged in the judgment of the court below; Defendant B committed an indecent act against the victim as in the latter part of the victim and Defendant A, who attempted to open the door with the left hand, and the victim’s am her son who tried to open the door with the left hand, and was aware of the victim’s body.
As a result, the Defendants committed indecent acts against the victim by using the state of her non-opportune by drinking together.
The lower court’s judgment on the following grounds.