An application for compensation by an applicant for compensation shall be dismissed.

가. 사실오인 및 법리오해 피고인은 혀로 피해자 C의 입술을 핥아 피해자를 강제추행한 사실이 없으므로, 이 사건 공소사실 중 강제추행 부분을 유죄로 인정한 원심판결에는 사실오인 및 법리오해의 위법이 있다.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

가. 사실오인 및 법리오해 주장에 관한 판단 원심이 적법하게 채택하여 조사한 증거들에 의하여 아래와 같은 사정들을 종합하여 보면, 피고인이 원심 판시 기재와 같이 혀로 피해자의 입술을 핥아 피해자를 강제추행한 사실을 인정할 수 있으므로, 피고인의 이 부분 주장은 받아들이지 않는다.

(1) The victim made a concrete and consistent statement at an investigative agency on the background of the indecent act by compulsion, the content and method of the indecent act, the situation before and after the indecent act, etc. It is difficult for the victim to find out any special circumstance or motive that makes it difficult for the victim to make the Defendant guilty of the damage caused by indecent act in addition to the damage caused by violence

② According to CCTV images taken in the situation at the time, it can be seen that the defendant gets less the face of the victim and crosses the face of the defendant into close range to the face of the victim, which conforms to the statement of the victim.

③ The Defendant only made a statement at an investigative agency only that he/she cannot memory the crime of indecent act by compulsion.

In addition, the defendant acknowledged the crime of indecent act by compulsion at the court below.

B. In light of all the sentencing conditions indicated in the records and arguments of this case including the fact that the victim tried to punish the defendant with severe punishment, the victim’s damage has not been recovered at all, the defendant has been punished once a fine, and the suspension of the execution of imprisonment with labor for one time, etc., the court below’s sentence imposed on the defendant for the reasons indicated in its reasoning.