강제추행치상등
All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
A. Defendant 1’s mistake of facts (the charge of indecent act by compulsion among the part concerning the charge of oil) did not commit an indecent act against the victim of the Defendant on January 2019. (2) The sentence imposed by the lower court of unreasonable sentencing (2 million won of fine) is too unreasonable.
B. In full view of the evidence submitted by the prosecutor on February 2, 2019, the prosecutor 1 found the Defendant guilty of the fact that the Defendant committed indecent act by force against the first policeman on February 2, 2019, but the lower court acquitted the Defendant of the fact that the Defendant committed indecent act by force against the first policeman on February 2019.
B) According to the statements, etc. of the victim and witness, although the defendant could be found to have abused the victim at the end of February 2019, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous in misunderstanding of facts. C) The victim's statement and diagnosis that correspond to this part of the facts charged are consistent with the facts charged. The court below found the victim's bodily injury while the defendant admitted the victim's bodily injury by force, but found the victim's bodily injury by force as not guilty and recognized only the crime of bodily injury by force. The judgment of the court
2. The sentence imposed by the court below on the grounds of unfair sentencing is too uneasible and unfair.
2. The lower court also asserted that the Defendant had the same purport as the grounds for appeal on the Defendant’s assertion of mistake of facts, and the lower court rejected the said assertion on the grounds of detailed reasons in the part of “Article 2-A and (b) of the judgment on the Defendant and the defense counsel.”
In light of the evidence duly admitted and investigated by the court below, the above judgment of the court below is just, and there is no error of misconception of facts or misunderstanding of legal principles alleged by the defendant.
This part of the defendant's assertion is without merit.
3. Judgment on the prosecutor's assertion of mistake of facts
A. On February 2, 2019, the Defendant’s summary of the facts charged in this part of the charges concerning the first instance of indecent act by compulsion of a police officer on February 1, 2019.