강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The judgment of the court below that found the defendant guilty of this part of the facts charged even though the victim did not have only the right side of the breast part, is erroneous in misconception of facts.
B. The court below erred in the misapprehension of legal principles in finding the Defendant guilty of this part of the charges although the Defendant did not constitute indecent act by compulsion in light of the victim’s right shoulder part once, but in light of the physical part and the time of contact, etc., the Defendant did not constitute indecent act by compulsion.
C. The sentence imposed by the lower court (one year of suspended execution on six months of imprisonment, and forty hours of order to attend a course) is too unreasonable.
2. Determination
A. The court below rejected the above assertion by the defendant, based on the same argument as the grounds for appeal in this part of the judgment of the court below, under the title "the judgment of the defendant and his defense counsel's assertion", which is "the judgment of the court below as to the defendant's and defense counsel's assertion." In addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above decision of the court below is justified, and there is no error of law of misunderstanding of facts as alleged by the defendant.
① Examining the taxi black image (the file name is 20180928 Do21301 DoD 21301 40 seconds before and after the video that is 201 DoD 3), the victim was driving while driving, and there was a considerable space between the right side gate and the upper arms, and the defendant seems to have met the victim’s side gate by inserting left hand in the space.
However, since the defendant's right side is linked to the right breast, the part of the victim's body can be seen as "the chest part" enough to be the part of the victim's body.
In this regard, the defendant is the defendant.