성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. Erroring the gist of the grounds for appeal (the Defendant did not commit an indecent act by compulsion, such as rhyming or cutting the victim’s chests and fry in the water surface room of the instant case). The Defendant was under the influence of alcohol, and only was up on the victim’s body where the Defendant’s arms are enjoying by side the Defendant’s arms.) and unreasonable sentencing.
2. The judgment of this Court
A. The lower court acknowledged the criminal facts to the effect that “the Defendant committed an indecent act by taking advantage of the victim’s arms, etc. and rhuming them,” on the grounds that there is insufficient evidence as to the fact that “the parts of the chest and the distribution of the chest were met” among the facts charged.
In addition, according to the evidence duly admitted and examined by the court below, the victim's male-child room in the soup room of this case showed that "the defendant's hand was satisfing in the victim's arms" before about 10 to 13 minutes from the witness, and as above, the court below's decision that the victim's male-child room in the victim's male-child room did not satisfe the victim's body towards the victim's body several times, and occupied the defendant's hand into the victim's arms (CCTV video CD), and that the victim stated in the above facts at the time of the above recognition (the defendant's son's satisf CD was satfing and rhing back his arms. The male-gu thought that the victim's satisf was a male-gu and satisfing. At the time, the defendant's satisfy and the defendant's satisfy did not have any influence on the judgment."
Therefore, the defendant's assertion of mistake.