강제추행등
All appeals by the defendant and the prosecutor are dismissed.
1. Reasons for appeal;
A. Defendant 1) The Defendant did not commit an indecent act by assault or coercion against the victim.
2) The sentence of the lower court that is unfair in sentencing (including orders to complete sexual assault treatment programs for 6 months and 40 hours of imprisonment) is too unreasonable.
B. In light of the legal principles, the lower court did not separate the Defendant from the instant facts charged and rendered a single sentence as to the entire facts charged pursuant to Article 32(6) and Article 32(1) of the Act on Corporate Governance of Financial Companies, regardless of whether the Defendant is a current shareholder, largest shareholder, or largest investor of the financial company (hereinafter “Financial Control Structure Act”), even though it is necessary to separately examine and render a judgment on the violation of the Act on Corporate Governance of Financial Companies (hereinafter “the instant facts charged”) pursuant to Article 32(6) and (1).
2) The above sentence of the lower court’s improper sentencing is too unhued and unreasonable.
2. Determination:
A. The defendant argued that the above facts were the same as the mistake of the above facts in the court below, and the court below rejected the above argument in detail. In light of the evidence duly adopted and examined by the court below, in particular, the court below's decision is just, since the defendant as witness of K et al., and the defendant's misunderstanding of facts is without merit.
B. 1) In full view of the provisions of Article 32(1), (4), and (5) of the Act on the Management of Financial Institutions, the legislative purpose of the provision on the examination of qualifications under Article 32(1) of the same Act is to maintain sound financial order and the soundness of the financial company through a periodic examination of eligibility for examination.
In consideration of the above legislative purpose, the provisions of separate review and sentence under Article 6 are applicable only to the case where the defendant falls under the subject of examination of eligibility under Article 6 (1).