준강제추행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant was trying to destroy the victim who was divingd in the back seat of the taxi and did not commit an indecent act against the victim, such as the facts charged, and did not have any intent to commit an indecent act against the victim.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The lower court’s sentence of an unreasonable sentencing (5 million won of fine, 40 hours of order to complete a program) imposed on the Defendant is too unreasonable.
2. Determination
A. The Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court determined that the victim’s statement that conforms to the facts charged is reliable and that the Defendant’s defense against this is difficult to understand, and found the Defendant guilty of the facts charged.
Examining the circumstances presented by the court below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and the defendant's assertion of mistake of facts is without merit.
B. The judgment on the assertion of unfair sentencing is that the Defendant, a taxi driver, committed an indecent act against the victim who was divingd on the rear seat, and the nature or criminal situation is inferior; the victim appears to have been suffering from a sense of sexual humiliation and insult due to the instant case; the Defendant did not agree with the victim; the Defendant did not agree with the victim; the Defendant did not recognize and reflect the error up to this court at the investigation stage; and the circumstances after the commission of the crime are inconsistent with the false vindication; and the change of special circumstances that could change the sentencing of the lower court after the sentence of the lower court was not discovered; and the court’s punishment of the Defendant cannot be deemed unfair.
Defendant.