강제추행등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and eight months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. In relation to the judgment of the court of first instance on mistake of facts, the defendant did not have a negative part of the victim F, and did not interfere with the victim's bar business, and the police officer's head was at the time of the J and the defendant did not agree to walk the shoulder and the mouth. Therefore, the judgment of the court below which convicted the defendant of this part of the facts charged is erroneous in the misunderstanding of facts.
B. Each sentence of the lower judgment on unreasonable sentencing (the first instance judgment: imprisonment with prison labor for 2 years and 6 months; imprisonment for 40 hours; imprisonment with prison labor for 2 months) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the first and the second judgment are in a concurrent relationship under the former part of Article 37 of the Criminal Act with regard to each of the crimes under the former part of Article 37 of the Criminal Act. Since the court of the first and the second judgment together reviewed each of the cases of the judgment below and selected the same type of punishment for each of the crimes, it is necessary to render a single sentence pursuant to Article 38(1) of the Criminal Act with regard to each of the above crimes. In this regard, the first and the second judgment
However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is subject to the judgment of this court.
B. Comprehensively taking account of the evidence duly adopted and examined by the court below on the assertion of mistake, the defendant can sufficiently recognize the fact that the defendant committed the crime of indecent act by compulsion, obstruction of duty, and obstruction of performance of official duties against the victim F as stated in the judgment of the court below. Thus, this part of the defendant's
3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, since the above reasons for reversal exist, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are stated in the corresponding columns of the judgment below.