강제추행
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In order to establish a crime of indecent act under the Criminal Act, Defendant 1 ought to have assault or intimidation to the extent that it would make it difficult for the other party to resist, but the Defendant did not have any assault or intimidation against the other party.
② The Defendant’s act does not constitute “indecent conduct” in the crime of forced indecent conduct by holding her hand on clothes with her bucks part of the victim’s bucks, and by holding her hand bucks and by holding her hand bucks.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding of facts and misunderstanding of legal principles.
2) The punishment sentenced by the lower court (a punishment of KRW 5 million, and an order to complete a sexual assault treatment program of KRW 40 million) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. Determination
A. Determination 1 on the assertion of misunderstanding of facts and legal principles that there was no assault or intimidation on the part of forced indecent act in the part of the allegation that the crime of indecent act was committed does not refer to the case where the other party makes it difficult to resist by assault or intimidation, but it includes the case where the body of the person who committed the assault is recognized as an indecent act. In this case, the assault does not necessarily require that the degree of suppressing the other party’s intention is limited, and as long as the force was exercised against the other party’s will, it should be viewed that the force was imprisoned regardless of its power (see Supreme Court Decisions 94Do630, Aug. 23, 1994; 2001Do2417, Apr. 26, 2002, etc.). Therefore, as alleged by the defendant, the crime of indecent act cannot be deemed to have been committed even if it was impossible to resist or threaten the victim separately from the act of indecent act.
This part of the Defendant’s assertion is different from this premise.