강제추행
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although there was a fact that the Defendant, at the time of the instant case, followed the victim by singing with the victim at the time of the instant case, there was no fact that the victim's chests and part of the victim's chests and part of the victim, as stated in the facts constituting the crime in the lower judgment, and that the Defendant attempted to keep the victim's sound.
B. At the time of the instant case by misapprehending the legal principles, the Defendant and the victim were in an atmosphere where they come to talk at the singing room at the late night time. Even if the Defendant met the victim’s chest and the part of the Defendant, as stated in the facts constituting a crime in the lower judgment, the Defendant’s act does not constitute the crime of indecent act by compulsion, unless the Defendant immediately retired from office according to the victim’s refusal intention, and the assault or intimidation against the victim was not accompanied.
C. The lower court’s sentencing (one month of imprisonment, two years of suspended sentence, and 40 hours of an order to attend a sexual assault treatment lecture) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the credibility of the victim F’s statement in the second trial records of the first instance court is recognized, and according to the evidence of the lower court, such as the victim’s statement, etc., the fact that the Defendant committed an indecent act against the victim, such as the statement
Therefore, the defendant's assertion of mistake is not accepted.
1. Since the police, to the court of the court below, the victim consistently stated that the defendant sing two singing in the singing room as indicated in the judgment of the court below, while the victim singing out the body of the victim as stated in the facts constituting the crime in the judgment of the court below, the victim sing up with the chest and part of the victim's chest and part of the victim, and even though the victim sing up two to three times, the defendant continued to sing down the victim's body.