강제추행등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for one year.
provided that this ruling has become final and conclusive.
1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the Defendant’s assault against the Victim F and sentenced the Defendant to a conviction on the remainder of the charges, and the part of the dismissal of prosecution as to the Defendant’s conviction was dismissed, and the prosecutor did not appeal the part of the dismissal of prosecution as to the aforementioned dismissal of prosecution
Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.
In addition, an applicant for compensation shall not file an appeal against a judgment dismissing the application for compensation order (Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the application for compensation order shall be finalized immediately.
The court below rejected the application for compensation order against the defendant, who is an applicant for compensation, of the court below, and became final and conclusive immediately since this part is not possible to file an objection, the above dismissed part shall be excluded from the scope of this court'
2. Summary of grounds for appeal;
A. The judgment of the court below convicting the defendant of the facts charged in this case, even though the defendant did not have any direct physical contact with the victim and did not have any intention of indecent act, even though he did not have any intention of indecent act, on the part that the victim E was able to use the victim's body in one arms before the opening opening opening opening opening space, and the part that the defendant was able to use the victim's body after the defendant was moved to the next opening opening space.
B. The lower court’s sentence (one year of imprisonment, 40 hours of order, and 3 years of employment restriction order) against the Defendant is too unreasonable.
3. Determination on the grounds for appeal
A. As to the assertion of mistake of fact, the Defendant asserted to the same effect as the grounds for appeal in this part of this part, and the lower court rejected the above assertion by stating in detail the Defendant’s assertion and decision
The reasoning of the judgment of the court below is that of conviction.