준강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Under the influence of alcohol, the Defendant was locked at a soup soup room of the instant case, and the Defendant was able to contact with the victim’s bucks, but the Defendant did not influent or intentionally commit an indecent act against the victim’s sexual organ.
Nevertheless, the court below erred by misapprehending the facts charged in this case.
B. The sentence imposed by the lower court (the fine of three million won and the completion of the sexual assault treatment program) is too unreasonable.
2. Determination. A.
Before the judgment on the grounds for appeal for ex officio, the prosecutor applied for amendments to the indictment with the content that “the person who reads the sound in the facts charged in the instant case in his hands” changed from the trial court to “the person who reads the sound in his hands,” and the subject of the judgment by this court was changed, the judgment of the court below was no longer maintained.
However, the defendant's assertion of misunderstanding of facts is valid as it is for the above changed facts, despite the above reasons for reversal of facts.
B. According to the evidence adopted by the lower court and the lower court, the following facts and circumstances are acknowledged in light of the victim’s legal statement of the lower court and the results of viewing CDs (C CCTV images) by the lower court as well as the evidence examined by the lower court and the lower court regarding the Defendant’
1. The victim, at the investigative agency, was fryed with family members at the fifth floor of the soup 5th floor of the instant case, and at the corridor, the victim knew that he was aware of the fact that he was frying before the locking and she was frying, and that the Defendant, who was on the side, she was frying with her husband who was on the side and she was frying, was walking.
'고 진술하였고, 당심 법정에서도 "잠결에 자신의 민감한 부분 성기 이 이상하게 느껴져서 눈을 떴고, 고개를 들자 앞에 피고인이 있어...