강제추행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In the sense that the Defendant was flicking on the way, the Defendant was only sealed one time by the victim.
The defendant did not commit an indecent act against the victim and did not intend to commit an indecent act.
B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (a fine of four million won) is too unreasonable.
2. Determination
A. 1) Determination on the assertion of mistake of facts refers to an indecent act in the crime of indecent act by compulsion, which causes an objective sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringes on the victim’s sexual freedom. Determination of whether an indecent act constitutes this ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, the relation between the offender and the victim before, the circumstances leading to the act, the specific manner leading to the act, the objective situation surrounding the act, and the sexual morality of the times (see, e.g., Supreme Court Decisions 2015Do6980, 2015Mo2524, Sept. 10, 2015; 2001Do2417, Apr. 26, 2002). In light of the legal principles as seen below, the lower court’s subjective motive or purpose is not required to acknowledge the victim’s intentional indecent act at the time of committing the crime of indecent act by compulsion, entertainment, and satisfaction (see, etc.).
The lower court did not err by misapprehending the facts and adversely affecting the judgment.
① 피해자는 수사기관부터 원심법정에 이르기까지 "피고인이 범행 이전 3~4일 전부터 피해자 주위를 웃으면서 뱅뱅 돌았다.
The defendant stated that the defendant was inside the victim's side and stated that he was inside the victim's her, and subsequently the victim's her her her her her her her her b
(b) the injured party.