Defendant

B. The defendant B is not guilty.

A. The sentence imposed by the lower court on Defendant A (two years of imprisonment with prison labor for six months, two years of suspended execution, and forty hours of community service) is too unreasonable.

나. 피고인 B ⑴ 사실 오인 ㈎ 강제 추행에 대하여 피고인 B은 A의 성기를 움켜쥔 사실이 없고, 설령 그러한 사실이 있더라도 이는 A과 평소처럼 장난을 치는 과정에서 일어난 일로 추행의 고의를 인정하기 어렵다.

Nevertheless, the court below found the defendant guilty of this part of the charges, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

㈏ 상해의 점에 대하여 피고인 B은 A이 피고인의 어깨를 밀치기에 A의 멱살을 잡고 밀치는 과정에서 피해자가 잠시 보닛( 엔진 후드, 이하 ‘ 보닛’ 이라 한다) 위에 누운 사실은 있으나 공소사실과 같이 목을 졸라 상해를 가한 사실이 없다.

Nevertheless, the court below found the defendant guilty of this part of the charges, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence that the court below rendered against Defendant B (the penalty amounting to two million won, the order to complete the sexual assault treatment program for 40 hours) is too unreasonable.

(c)

The victim A, in part of the Defendant B’s injury, made a concrete and consistent statement about his damage (i.e., mistake of facts and legal principles).

B. A does not want to punish a defendant under investigation by an investigative agency.

The statement made by A has no reason to make a false statement.

In addition, a medical certificate, a medical records, and a detailed statement of medical treatment are consistent with A's statement.

Comprehensively taking account of these circumstances, Defendant B’s face part of the face of Defendant B is laid down with the part of the bones of fingers in need of four weeks of medical treatment in line with the left part of A in the process of preventing him from drinking.