강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant, as stated in the instant facts charged, did not have committed an indecent act against the victim by force.
Since the statements of the victim who did not have been forced to commit an indecent act are false, it does not constitute a false accusation to punish them to an investigation agency and to file a criminal complaint.
B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant can be found to have committed an indecent act by force against the victim as stated in the instant facts charged.
Therefore, the defendant's assertion of mistake is rejected.
1) The victim made a relatively consistent and concrete statement from the investigative agency to the lower court regarding the background and process of forced indecent act, the content and method of the criminal act, and the situation before and after the act, as described in the instant facts charged.
2) On August 26, 2016, the day following the day of the instant case, the victim: “Around August 26, 2016, the victim was aware of the Defendant’s assaulting the Defendant by force, and the Defendant’s assaulting the Defendant’s forced intrusion, and the Defendant’s act of coercioning the Defendant’s escape by force, and the Defendant’s act of coercioning the Defendant’s vehicle’s vehicle by force. However, the victim was aware of the sound that the Defendant was aware of
The Defendant sent the text message “,” and the Defendant sent Q(the victim) language to the victim and made a mistake.
In addition, even though he/she does not refuse to do so even though he/she does not refuse to do so.
“Written reply” (the 2017 Highest 291 Highest 291 Evidence Record No. 108th 3) The victim did not reach an agreement with the Defendant as the instant case (which also acknowledges the Defendant, 133, 134th 201 Highest 201 Highest 201, the evidence record No. 134th 201).