강제추행
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant (1) In the event of the instant case, the Defendant was only aware of the Victim E (hereinafter referred to as “victim”) and knee-fel-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fele-fel
“At the end of the victim’s horses, there is no fact that the victim’s chest part of the victim’s chest was found on his hand and the victim’s bucks part were stored on the buck.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
(2) The sentence of the lower court’s unfair sentencing (an amount of KRW 4 million, and a sexual assault treatment program of KRW 400,000,000 and KRW 40,000) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. The lower court also asserted that the Defendant’s assertion of mistake of facts was identical to the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion in detail, stating in its written judgment the Defendant’s assertion and its decision.
Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the legal principles as alleged by the Defendant.
Therefore, the defendant's assertion of facts is without merit.
B. A favorable condition is that the defendant has no record of being punished for the same offense against each of the unfair sentencing arguments by the defendant and the prosecutor.
On the other hand, the fact that the defendant was unable to reach an agreement with the victim until the party's trial is disadvantageous.
In addition, if there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment, comprehensively considering the circumstances surrounding the instant crime, the circumstances after the instant crime, and the Defendant’s environment, etc., the lower court’s punishment is too heavy or is too heavy.