강제추행
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 defense counsel;
A. The Defendant of mistake of facts found the Defendant guilty of each of the facts charged in the instant case by misunderstanding the fact, despite the fact that the Defendant, at the alcohol house called “F” (hereinafter “the instant alcohol house”), found I, the president of the instant alcohol house, and did not have a spirit to fight, and entered the said house again as it was, and there was no indecent act by compulsion of the victims who were in a group at the entrance of the alcohol house, as they did scambs, even though there was no scambs of the victims who were in a group at the entrance of the alcohol house.
B. In light of the fact that the Defendant has no record of criminal punishment, etc., the lower court’s sentence imposing orders to complete sexual assault treatment programs for six months or twenty hours of imprisonment is too unreasonable.
2. Determination
A. In full view of the following circumstances that can be recognized by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court can recognize the fact that the Defendant forced the victims to commit an indecent act as stated in the facts charged.
① The victims consistently and specifically state at the entrance of the alcohol house of this case from the investigative agency to the court of the court below, the circumstances leading up to fighting, the situation before and after the Defendant committed an indecent act against the victim D at the entrance of the alcohol house of this case, the circumstances leading up to the Defendant’s escape from the alcohol house, the circumstances leading up to the Defendant’s escape from D and the circumstances leading up to the police’s escape, etc.
② The above victims’ statements are consistent with the statements made at the investigative agency and the court of the original instance by H, who observed the situation before and after the scene at the time of the instant case.
3. On CCTV images in which the situation at the time is videoed, the defendant put both grandchildren into the main body and let the floor of the right hand over the front after the lock out of the drinking house in this case.