성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The lower court found the Defendant guilty of the instant charges and ordered the Defendant to attend sexual assault treatment programs for twenty-four hours.
Accordingly, the Defendant filed an appeal against the lower judgment on the grounds of misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing, and misunderstanding of the judgment of the lower court, and the court rendered a judgment dismissing the Defendant’s appeal by deeming that the Defendant’s appeal is groundless
The defendant appealed against the judgment of the court prior to the remand, and the Supreme Court reversed the judgment of the court of refund transmission and remanded it to this court by accepting the defendant's appeal.
2. Summary of reasons for appeal;
A. In fact, the Defendant: (a) misunderstanding of the legal principles and misunderstanding of the facts, the Defendant: (b) 3, a subway 2, a subway transit train in the subway line No. 3; (c) Ro-ro, a subway transit station in the subway line No. 2; and (d) 3, a railroad station in the station; (d) 3, a subway station in the station following the station; and (e) 3, a railroad station in the instant front line, which is an external-line circular train, has moved back to the front line in order to prompt exchange as usual, and moved to the front line in order to see the direction, and (e) 1-1 doors and the outer-line circular trains are capable of rapid transit in the door No. 10-4 doors; and (e) 2, a CCTV at the time of the occurrence of an indecent act by the victim, as stated in the facts of the crime in the judgment below, cannot be found to have committed any indecent act by the victim at all at the time of photographing the CCTV.
Nevertheless, the court below found the defendant guilty on the basis of the victim's misunderstanding or misunderstanding of legal principles. The court below erred in the misapprehension of facts and misapprehension of legal principles.
B. The sentence of the lower court’s improper sentencing (an order to attend a sexual assault treatment program with 1.5 million won, 24 hours) is too unreasonable.
3. Determination
A. The Defendant’s summary of the facts charged in the instant case is in the D Station located in Jung-gu Seoul, Jung-gu, Seoul around January 14, 2016.