공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
A sexual assault treatment program for 40 hours is provided to the defendant.
1. Summary of grounds for appeal;
A. From among the crimes of mistake of facts in this case, each assault Nos. 1, 4, 5, and 7 as stated in the annexed Table 1 of the crime committed in the judgment of the court below and each indecent act by compulsion as stated in the annexed Table 2 and 4 of the annexed Table 2 of the crime committed in the judgment of the court below is committed, the court below which found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment
B. The lower court’s sentence of unreasonable sentencing (a two-year imprisonment, a 40-hour order to complete a sexual assault treatment program, a three-year order to impose employment restrictions on children and juveniles, etc.) is too unreasonable.
2. Determination
A. The following circumstances acknowledged according to the evidence duly adopted and examined by the court below in light of the defendant's assertion of mistake of facts, namely, ① G, the victim of the instant indecent act and assault, made a consistent and concrete statement as to the facts charged of this case to the investigation agency and this court; ② the statement in the investigation agency of M and N living in the confinement room such as the defendant and the victim at the time when the assault and indecent act were committed, are consistent with the above victim's statement; ③ the defendant stated in the investigation agency that "if the assault and indecent act in this case were committed, it is recognized as a substitute for the facts that were committed," and the court below recognized all the facts charged of this part in the judgment of the court below, it is sufficiently recognized that the defendant committed each assault and indecent act listed in the annexed Table 1, 4, 5, 7 and the annexed Table 2, 2, 44 each time table of crime committed in the judgment of the court below. Thus, this part of the defendant's assertion is without merit.
B. The lower court’s judgment on the Defendant’s assertion of unfair sentencing, as well as the circumstances properly stated in the reason for the sentencing, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime.