강제추행등
All appeals by the Defendant against the lower judgment and by the Prosecutor against the first instance judgment are dismissed.
1. Summary of grounds for appeal;
A. Regarding the conviction of Defendant (1) and misunderstanding of the facts or misapprehension of the legal doctrine (as to the guilty portion of the judgment of the first instance judgment and the judgment of the second instance judgment), the Defendant did not assault E (37 years of age) in the D convalescent hospital on August 23, 2016 as stated in this part of the facts charged, and in light of the circumstances, it constitutes a legitimate defense or a justifiable act. In relation to the second judgment of the lower court, the Defendant interfered with the original duties of the hospital by force, such as taking a bath to the above E on August 22, 2016, or by interfering with the duty of the hospital or from around May 25, 2016 to August 15, 2016, the Defendant did not seem to have acted at the body of those aged 35 years of age, I (35 years of age), I (50 years of age, and (50).
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, by finding a person guilty of all the facts charged, among the facts charged.
(2) In light of the fact that the Defendant was in an old age and health condition, etc., each sentence of the lower court that sentenced the Defendant to a suspended sentence of one year (the first lower court’s judgment), a fine of 2,00,000 won (the second lower court’s judgment) is too unreasonable.
B. In full view of the following facts: (a) a prosecutor (the first instance judgment) made a consistent statement on the facts damaged by indecent act committed by the Defendant from this investigation agency to the first instance court from the victim H (the 23-year old age), the victim H did not have any reason to file a false complaint; (b) the witness made a statement that corresponds to the victim H’s statement and substitution; and (c) the hospital treatment set forth the same purport on the day of the instant case, the Defendant’s indecent act by force, such as that written in this part of the facts charged, can be fully recognized.