강제추행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. There is no fact that the Defendant committed indecent act by compulsion of the victim as stated in the lower judgment.
B. The lower court’s sentence of unreasonable sentencing (the fine of three million won and the order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, especially F's investigation agency that can recognize credibility, and the statement at the court of the court below, the defendant can sufficiently recognize the fact that he committed indecent act by force against the victim as stated in the judgment of the court below.
The defendant's assertion of mistake is without merit.
B. The Defendant did not have any criminal history subject to punishment prior to the instant case, and the victim submitted the written withdrawal of complaint at the investigation stage by mutual consent with the victim.
However, in light of the contents and circumstances of the crime of this case, the nature of the crime of this case is not easy, and the degree of mental impulse and sexual humiliation suffered by the victim due to the crime of this case seems to be considerable. According to the victim's legal statement and written application of the court below, the victim complained of the damage of this case, and reversed the defendant's intention not to punish the defendant.
In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.
The defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.