강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
[Judgment as to the Reasons for Appeal] The defendant did not commit an indecent act against the victim F (or 20 years of age) at the scene of the crime of this case as stated in the facts charged.
(In fact, the lower court erred by misapprehending the legal principles on necessary concurrent imposition by omitting orders to complete sexual assault treatment programs, thereby adversely affecting the conclusion of the judgment.
(Legal scenarios) The prosecutor argued that the omission of the order to complete the program was included in the assertion of unreasonable sentencing, but the prosecutor tried to determine the omission of the order to complete the program by asserting the misapprehension of legal principles in consideration of the purport of the assertion.
Sentencing (limited to 2 million won of fine, disclosure order, and exemption from notification order) by the lower court is too unfluent and unfair.
(F) The Defendant’s assertion of misunderstanding the facts against the Defendant’s misunderstanding was duly adopted and investigated by the lower court. In full view of the following circumstances, the Defendant’s assertion of misunderstanding the facts charged in this case is without merit.
① The victim stated, immediately after the instant case, in the police, that “I was fluored with a fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s
On the other hand, at the time of the instant case, the Defendant was holding a bank, and there was a white pattern (Evidence No. 19 of the Evidence Records) on both sides of the Defendant, and the victim was unable to make a statement in the police as to the pattern of satisfying (No. 34 of the trial record). However, the instant field was considerably difficult, and immediately after the instant case, the Defendant was on the spot at a rapid speed on the part of the Defendant.