강제추행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal (in fact-finding or unreasonable sentencing) is that although the Defendant did not commit an indecent act against the victim, the lower court found the Defendant guilty of this part of the facts charged, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment, and the Defendant’s punishment (five million won of a fine) sentenced by the lower
Judgment
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim's statement from the investigative agency to the court of the court below is highly reliable by making consistent and detailed statements from the investigative agency to the criminal and the circumstances and process during which the defendant was identified as the criminal and reported to the investigative agency. The victim reported his damage immediately after the occurrence of the case, and it is difficult to understand the fact that the young female victim was sexually forced by indecent act at the club without any reason, and the victim wanted to punish the defendant with strong punishment without demanding compensation from the defendant. In full view of all the circumstances such as the fact that the victim was forced to commit indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the defendant, and the victim's intentional act by indecent act by indecent act by indecent act by indecent act by the defendant is also acknowledged to be sufficient in light of the circumstances at the time of the act of indecent act by indecent act by indecent act by indecent act by the defendant. Thus, the judgment below which found the defendant guilty of the charges of this case is justified.
When considering the fact that the Defendant denies and does not reflect his own crime until the trial on the assertion of unfair sentencing, and the Defendant, without any particular reason, commits an indecent act against the first victim, and assaults another victim who resisted to commit such act, and the nature of the offense is inferior.