준강제추행미수
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. In addition to the factual misunderstanding of facts, the Defendant argued to the effect of misunderstanding the legal principles, namely, that “Notwithstanding the fact that the victim at the time of the instant case was in a state of consciousness because he was not diving, it does not correspond to the elements for the crime of indecent act by force, the judgment of the court below convicting the Defendant of the instant facts charged on a different premise, which affected the conclusion of the judgment by misapprehending the legal principles.” However, the instant facts charged are “number of indecent acts by force.” That is, “The fact that the Defendant committed an indecent act against the victim with forced indecent act by force, but the fact that the Defendant committed an indecent act against the victim was not in a state of mental and physical loss or resistance because the victim was not locked, was not in a state of non-refluence,” and thus, the Defendant’s allegation was based on the premise that “the indecent act by force”
The judgment of the court below which found the defendant guilty of the facts charged in this case on different premise is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the facts charged.
B. The sentence of the lower court (one year of imprisonment with prison labor and one year of suspended execution, community service order, and lecture order for the treatment of sexual assault) is too unreasonable even if the sentencing is not so unfair.
2. Judgment on the assertion of mistake of facts
A. On April 21, 2019, around 03:41 to 03:45 on April 21, 2019, the Defendant thought that the victim D ( South, 21, 21 years old, and Gain) who was enjoying at the place was locked out, and that the Defendant came up on the victim’s left hand and came up about 1:2 seconds of the Defendant’s sexual organ on the victim’s left hand.
Accordingly, the defendant knew that he was divingd by the victim and used it.