강제추행등
The prosecutor's appeal is dismissed.
1. Summary of prosecutor's grounds for appeal;
A. Since misunderstanding of facts or misunderstanding of legal principles are consistent with the statements made by the victim E, it is reliable, and the defendant also recognized that there was some physical contact with E in the police, the defendant's statement is not reliable.
Whether or not a defendant's act is contrary to the intention of E shall be determined at the time of the act, on the basis that E has expressed an opinion of refusal accurately and accurately.
The court below did not directly determine whether an indecent act, such as the facts charged, exists or not there is such an act.
The court below erred by misapprehending the legal principles on the crime of indecent act by compulsion, or by misapprehending the legal principles on the crime of indecent act by compulsion.
B. In light of the fact that the offense of insult of this case of unfair sentencing continues to be committed by the Defendant to cause a sense of shame to the victim by repeatedly speaking character and toxicity, the nature of the crime is not good, the degree of damage is not recovered even though it is serious, and the Defendant also requires a proper sentence to prevent recidivism, and the Defendant is able to have the records of fines imposed due to the violation of the Labor Standards Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act, etc., the sentence of the lower court imposing a fine of one million won is too uneas
2. Determination
A. In order to reverse the judgment of the court below that rejected the credibility of the victim E’s statement, which is the evidence supporting the facts charged in the instant case’s assertion of mistake of facts or misapprehension of legal principles, the judgment of the court below should be sufficiently and sufficiently acceptable. However, even considering the circumstances required in the grounds of appeal, it is difficult to accept the judgment of the court below, such as where most of them were already pointed out in the trial process of the court below and considered in the process of the judgment of the court below.