강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. Error of facts or misapprehension of legal principles on the grounds of appeal (the defendant did not commit an indecent act by force since he did not commit an indecent act against the victim by assault or intimidation) and unreasonable sentencing.
2. The judgment of this Court
A. In regard to the assertion of mistake or misapprehension of legal principles, the crime of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is regarded as indecent act. In this case, as long as the assault does not necessarily require to suppress the other party’s intention, and the exercise of force against the other party’s will is against the other party’s will, regardless of its force’s boom.
(2) In light of the above legal principles, the court below's judgment that recognized the defendant's indecent act by force on the part of the victim is just and acceptable, and there is no error in matters of mistake of facts or misapprehension of legal principles that affected the conclusion of the judgment.
Therefore, the defendant's argument disputing this cannot be accepted.
B. In full view of the following facts: (a) the Defendant did not have the same criminal power as to the assertion of unfair sentencing; (b) the Defendant committed an reflective act while living in custody for more than four months; and (c) the Defendant’s age, character and conduct, environment, circumstances leading to the offense; (b) the means and method of the offense; and (c) the circumstances after the offense, etc., the sentence imposed by the lower court is somewhat unreasonable.
3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading
The facts constituting the crime and the summary of the evidence recognized by the court are the facts constituting the crime and the summary of the evidence. "The defendant continues to be able to wear the victim's hand and wear the defendant's sexual flag above his clothes.