강제추행치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. According to the statement of the victim of mistake of facts (not guilty part of the judgment of the court below), it is recognized that the defendant committed indecent acts by force as stated in this part of the facts charged, and sustained injury in the process of such act.
Therefore, the judgment of the court below which rejected the credibility of relevant evidence without reasonable grounds and acquitted the facts charged on this part is erroneous in the misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (a fine of five million won) is unreasonable as it is excessively unhutiled.
2. Judgment on the assertion of mistake of facts
A. The summary of this part of the facts charged is the relationship between the Defendant and the Victim B (V, 49 years of age) and from January 2018. After July 2018, the victim refused to contact with the Defendant, and the victim unilaterally sought the victim or made contact.
On May 1, 2019, at around 02:50, the Defendant discovered a passenger car owned by the victim before 'D', and laid down a plastic bag containing a stop on the said car blick and was waiting for the victim at the same time, the Defendant became aware of the victim's blick in both arms.
Therefore, even though the victim resisted against the victim, the defendant saw the victim's breast, kidds the part of the victim, kids the victim's sound continuously, and kids the victim's resistance, and led the victim back to the building in the state of being boomed by the victim's hand, leading the victim back to the building in the state of being able to the victim's hand, leading the victim up to 2 times in the second hand, leading the victim's chest into the victim's body, kiding the victim's sexual organ into the victim's body, leading the victim to the victim's strong resistance, and leading the victim beyond the floor.
Accordingly, the defendant is forced to commit an indecent act against the victim and the victim needs to be treated for about two weeks in the process.