강제추행
The judgment of the court below is reversed.
The defendant is not guilty, and the purport of the judgment of innocence is publicly notified.
1. Grounds for appeal (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing)
A. misunderstanding of facts and misunderstanding of legal principles did not commit an indecent act against the victim on November 25, 2017 and there was no intention to commit an indecent act.
B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of KRW 5 million and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On November 25, 2017, at around 13:30 on November 25, 2017, the Defendant was approaching the victim E (one’s name, two years of age, and two years of age) and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her arm
Accordingly, the defendant forcedly committed an indecent act against the victim.
B. Determination 1) The Defendant denies the facts charged at the lower court to the effect that there was no fact that he had contacted the victim with the victim at all. In light of the following circumstances revealed in light of the records of this case, the evidence submitted by the prosecutor alone cannot be deemed to have been proven without any reasonable doubt, and there is no other evidence to acknowledge that the facts charged of this case were committed by the Defendant by force. ① There is no objective evidence, such as CCTV, in which the scene of indecent act was taken, nor there is no person directly witnessing the facts of indecent act. ② The victim is consistently stated to the purport that the Defendant had her her her her her her her her her her her her her her her her her her her her her her her her herthm. However, the victim did not directly witness the offender at the time of the above act. In addition, the victim did not specify the Defendant at the time of the act as the offender at the time of the act, but rather did not directly witness the offender’s her her her her own her own her own her her..