강제추행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In the process of harming the victim's massage, the defendant's grandchildren contacted the victim's chest, and there is no fact that the victim E was indecent act by force.
B. The lower court’s sentence of unreasonable sentencing (the fine of four million won, the order to complete a sexual assault treatment program 8 hours) is too unreasonable.
2. Prior to the judgment on the Defendant’s assertion of ex officio, following the record, the Defendant was sentenced to imprisonment for six months for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Sungnam Branch of Suwon District Court on December 17, 2014. It can be recognized that the above judgment became final and conclusive on February 24, 2015. Since each offense in the judgment of the court below is in a concurrent relationship between the offense of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. and the latter part of Article 37 of the Criminal Act, each offense in the judgment of the court below is determined after examining whether to reduce or exempt punishment in consideration of equity and the case of concurrent crimes in accordance with Article 39(1) of the Criminal Act. Since the application of the statutes of the court below was omitted, the court below became unable to maintain any further.
However, the defendant's assertion of misunderstanding of facts about the facts charged by indecent act is still subject to the judgment of this court, even though there is such reason of ex officio destruction.
3. Judgment on the defendant's assertion of mistake of facts
A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the victim E was consistently in the investigative agency from June 8, 201 to the court of the lower court, and the Defendant was in the waiting room in the Mapo-gu office around 21:00 on June 8, 201, and the chest was only one time by hand.
No matter how the defendant requested the horse, and even if the defendant requested, the chest part can not be loaded.
In light of the fact that "the defendant has made a statement to the purport," the defendant is the victim.