강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.
B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.
C. The lower court’s sentence of unreasonable sentencing (including a fine of four million won, etc.) is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., (i) the victim made a concrete statement at an investigative agency about the facts of damage, the circumstance of the case, and the situation before and after the victim's statement, and there is no part inconsistent with the victim's statement in light of the empirical rule, (ii) the victim cannot find any special reason or motive for finding the defendant in light of the empirical rule, (iii) the CCTV image installed at the scene of the crime also conforms to the victim's statement, and (iv) the defendant admitted the facts charged at the court below and recognized the fact that the victim's body was contacted even at the appellate court, the fact that the
Therefore, the defendant's assertion of mistake is without merit.
B. In light of the background, method, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, and the conduct before and after the instant crime, it does not appear that the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.
Therefore, the defendant's mental disorder is not accepted.
C. As to the assertion on unreasonable sentencing, the instant crime committed by the Defendant by dividing the victim’s left chests, seated on the side of the restaurant, into fingers, and by force, committed an indecent act.
The victim shall have a considerable sense of sexual humiliation and mental suffering from the crime of this case.