강제추행
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal by the defendant;
A. The Defendant did not have any misunderstanding of facts or misunderstanding of legal principles about the right side of the victim, and even if the Defendant did not have any part of the victim’s body.
Even if at the time of the instant case, the Defendant’s act does not constitute a so-called indecent act committed by the Defendant, as it is difficult to view that his act had the awareness that he would cause sexual humiliation or aversion to the victim, because he was in a state of being frighten enough to the extent that he was unable
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to mistake of facts or indecent act.
B. The lower court’s sentence (2.5 million won of fine and 24 hours of completion of sexual assault treatment programs) against the Defendant is too unreasonable.
2. Determination
A. The crime of indecent act by compulsion of mistake or misapprehension of legal principles includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is regarded as an indecent act. In this case, the assault does not necessarily require that the other party’s intention is at a level to suppress and the exercise of force against the other party’s will is against the other party’s will, regardless of its power, so long as the assault is exercised against the other
(See Supreme Court Decision 2001Do2417 delivered on April 26, 2002, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court of the party (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002) are the following circumstances, namely, ① The victim has consistently stated the victim's right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right to the victim