성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not have committed an indecent act as described in the facts charged, and the Defendant did not have committed an indecent act as the victim C, the victim F, and the victim H, and there was a fact that the victim G’s buck paper was obstructed, but there was no fact that the victim’s buck paper was obstructed, and there was no intention to commit an indecent act. In addition, since the act recorded in the facts charged against the victim C cannot be deemed to have infringed the victim’s sexual freedom, it does not constitute an indecent act by indecent act by force or by force, and thus, it does not constitute an indecent act by force. 2) In light of the overall circumstances of the instant case, the punishment imposed by the lower court (ten
B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.
2. Determination
A. As to the assertion of mistake of facts and misapprehension of the legal principles of the defendant, one of the following circumstances recognized by the court below based on the evidence duly adopted and investigated by the victim's complaint and investigation agency, namely, the victim's statement at the investigative agency and the court of the court of the court below is consistent, although the victim alleged that he had made a false statement in order to receive the agreement from the defendant, it is difficult to view that the victim was not experienced in light of the fact that the victim did not have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have committed sexual harassment from the defendant.