강제추행상해등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for six years, and for six months, for Defendant C, respectively.
, however, the defendant.
1. Summary of grounds for appeal;
A. Defendant A1’s mistake of fact (the point of coercion of indecent act) (the Defendant A), as indicated in this part of the facts charged, did not commit an indecent act against the said victim on the grounds that Defendant A, in the room 105 room in Dobong-gu Seoul Metropolitan Government (hereinafter “instant singing room”), the hand of the victim H (the name of the Defendant) brought about the sexual flag of Defendant A, thereby taking the hand of the victim H (the name of the Defendant) into consideration.
Nevertheless, the lower court erred by misapprehending the legal doctrine regarding this part of the facts charged on the grounds of the victim’s statement without credibility.
2) The lower court’s sentence against Defendant A (7 years of imprisonment and 40 hours of completion of sexual assault treatment) is too unreasonable.
3) There are special circumstances to exempt the Defendant A from disclosure and notification orders.
B. The lower court’s punishment against Defendant C (unfair sentencing) (6 months of imprisonment, 2 years of suspended sentence, 2 years of probation, observation of protection, and 80 hours of community service) is too unreasonable.
2. Determination
A. As to the Defendant A’s assertion of mistake of facts, the lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated, Defendant A committed an indecent act against the victim H, and subsequently, Defendant A inflicted an injury by assaulting the said victim.
① The victim H consistently stated from the investigative agency to the court that “A had Defendant A display his face in his own item, forced him to leave his face, left in his arms, and got her sexual organ by taking her finger hand,” and the victim H stated that “I refused to talk with Defendant A to get her inner organ and sexual organ for getting out of her inner organ, when Defendant A faces her face.”
As such, there is no specific and contradictory part of the victim's statement to the extent that it is impossible to make a statement without experience.