성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal by the defendant;
A. misunderstanding of facts and misunderstanding of legal principles: The court below erred by misapprehending the legal principles on the probative value of evidence or by misunderstanding of facts based on lack of probative value, although the victim's statement that the defendant designated as a criminal on the grounds of surrounding circumstances was insufficient to have probative value, or by misapprehending the legal principles on the probative value of evidence.
B. Unreasonable sentencing
2. Determination on the grounds for appeal
A. (1) According to the evidence duly adopted and examined by the court below as to the mistake of facts and misapprehension of legal principles, the victim stated that "I am flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker flicker and flicker flicker flicker flicker flicker flicker flicker flicker of the victim at the time."
According to the above facts, the victim is recognized to have committed a sexual indecent act with his/her right tamp, and it cannot be said that the victim made a false statement as if he/she had committed a sexual indecent act even though he/she did not have been sexually committed.
(2) The victim’s statement concerning “the category of the offender” is written.