강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. In the course of misunderstanding of facts, the Defendant did not commit any indecent act other than the victim E’s viewing and selling in the course of smoking tobacco, and the lower court which found the Defendant guilty of this part of the facts charged on the sole basis of the victim’s statement that is not reliable, even though there was no contact with the victim F, was erroneous in the misapprehension of facts and adversely affected the conclusion of the judgment.
B. The lower court’s imprisonment (ten months of imprisonment) against the Defendant is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. The summary of this part of the facts charged is that the Defendant is a person who has worked as a regular position in the company’s factory “D” in Chungcheongnam-gun, Chungcheongnam-gun, and the victim E (inn, 19 years old and 20 years old) and the victim F (inn, 20 years old and 20 years old) are employed in the above company as a daily worker.
On June 12, 2013, at around 09:10, the Defendant discovered the victim E and the victim F, who were smoking tobacco in a strings behind the above D factory building, and they forced the victim E to commit an indecent act by forcing the victim F, who was on his hand, for about 3 seconds of the victim E with his her son, and for about 3 seconds of the victim E with her son for about 3 seconds of the latter part of his son, and with her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s right, as the son’s son’s son’s son’s son’s son’s son’s son’s left.
B. Determination 1 indecent act means an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom, and whether it constitutes such an act is with the victim’s intent, gender, age, and perpetrator.