강제추행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act by force against the victim.
B. The sentence of the lower court’s improper sentencing (the amount of KRW 5 million, KRW 40 million, and KRW 5 million) is too unreasonable.
2. Determination
A. 1) The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the victim has consistently committed an indecent act against himself/herself, such as the written indictment, from the investigative agency to the court of the lower court.
The statement, ② After the commission of the Defendant’s indecent act, the victim demanded the death of the Defendant, the Defendant “I swear that I will do so.”
I will be able to exercise absolute care in the future.
“The message sent the Defendant’s text message; ③ The victim, after the commission of the Defendant’s indecent act, expressed an ambiguous sentiment by referring to the Defendant’s act to the management office and to the management office G and the director H. The victim’s indecent act; ④ around March 10, 2015, the Defendant sent the victim’s body a male’s sexual organ with his body and received punishment after transmitting the victim’s photograph with his body body’s male organ, and on April 6, 2015, the Defendant had a history of sending the victim’s voice to the cell phone. In light of the fact that the victim’s indecent act was committed by force, it is sufficiently recognized that the Defendant committed an indecent act by force.
2) Therefore, the Defendant’s assertion of mistake is without merit.
B. Determination 1 on the wrongful argument of sentencing is recognized as having no record of forcing the Defendant to commit an indecent act against others, and the degree of conduct is not serious.
2) However, as seen earlier, the Defendant denied and did not reflect the Defendant’s crime; the Defendant had a power to send obscene pictures and obscenity to the victim; the Defendant did not agree with the victim; and did not endeavor to recover damage; and the victim retired from office.