강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Since the provisions of paragraphs 8, 11, and receipts (hereinafter “instant M&T proposal and receipt”) among the M&T proposal in the judgment of the court below on the erroneous determination of facts were forged or altered, the Defendant’s accusation is true, and thus, the Defendant’s accusation is not established.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. 1) As to the assertion of mistake of facts, the lower court found the Defendant guilty of the facts charged in this case by taking account of the evidence as indicated in the judgment of the lower court. 2) Since the reporting of false facts in a crime of false accusation refers to a conclusive or dolusent recognition and reporting that the reported facts are contrary to objective facts, even if it does not coincide with objective facts, the crime of false accusation is not established if the reporting person is convicted of the truth. However, even if it is based on objective facts known to the reporting person, it refers to the case in which the reporting person does not know that the reported facts are false, or that there is any possibility of false or false facts, even if it is based on objective facts known to the reporting person, it does not include cases in which the reporting person knows that there is false or false facts based on objective facts known to the reporting person, but rather, it does not include cases in which the reporting person think that his assertion is correct (see, e.g., Supreme Court Decision 200Do1908, 200Do620).
However, since the part alleged to be forged or altered by the defendant is externally signed by the defendant, the key issue of this case is whether or not the defendant has affixed a direct signature as such, and L, N, etc. is limited to the investigation agency or the court of original instance.