강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for forty hours.
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant, at the time of the instant case, did not say that the Defendant “I will not leave the Defendant,” and “I will not leave the Defendant,” and there was no fact that the Defendant sent the victim’s chests only once or once, and only met the victim’s chests.
In addition, the defendant cannot be said to be an indecent act against the victim's spawn or spawn behavior.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous as it is.
B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. 1) With respect to the assertion of mistake of fact, the victim at the police investigation and court of the court of the trial, “The Defendant was not memorying several times correctly that the Defendant was satisfing with the victim’s satisfy.” However, the victim was not only once but at least once.
The defendant clearly shown that he did not show his sexual organ but rather show his match to the victim.
The defendant strongly resisted the victim, and the ppuri defendant will be able to take a bath and not to have only the victim.
was done.
“The statement was made to the effect that “........”
This victim's statement is consistent and is not unreasonable or contradictory in itself until the detailed situation at the time of the case.
In addition, there is no motive for one person to raise the defendant first on the day of the case.
2) In the crime of indecent act by force under Article 298 of the Criminal Act, the term “compact” refers to an act that causes a sense of sexual humiliation or aversion to the general public objectively and contrary to the concept of good sexual morality, which infringes on the victim’s sexual freedom. Whether it constitutes such an act is the relationship between the victim’s intent, gender, age, and perpetrator and the victim’s prior interest.