강제추행
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Although misunderstanding of the facts or misapprehension of the legal principles acknowledged the fact that the defendant committed the same act as the entries in the facts charged, it cannot be deemed that the defendant's act was a forced indecent act because the victim's implied consent was given.
Nevertheless, the court below's conviction is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.
B. The sentence of the lower court (the suspended sentence of KRW 4,00,000), which is unfair in sentencing (a prosecutor), is too uneasible and unreasonable.
2. Determination
A. The following circumstances revealed by the lower court’s duly adopted and investigated evidence, namely, ① before committing the instant crime, the Defendant and the victim appeared to have been aware of, and did not have a friendly relationship with, a workplace bonus. ② On the day following the instant crime, the Defendant and the victim divided her farcing relationship with the Defendant on the day of the instant case, solely based on the fact that the Defendant and the victim divided her farcing relationship with the her mother, that the Defendant and the victim had developed her her farcial relationship, or that the victim implicitly consented to the victim’s her her her her her her her her her her her her
In addition, the defendant and the victim do not have any way to see that they go to the her mother or to the her mother, and 4. The victim of a sex crime may immediately refuse or resist at the time of damage due to shock and depression at the time of damage, relationship between the defendant and the victim, characteristics of the victim, etc. 5. In full view of the fact that the victim after attending the place of work where the defendant and the victim attended after the crime of this case, notified the head of the office at the site where the defendant and the victim attended of the crime of this case and requested the defendant to take measures, the victim allowed or implicitly accepted the defendant's physical contact, such as the criminal facts.
shall not be deemed to exist.
Therefore, this part.