beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the event of misunderstanding of facts under the influence of alcohol, the Defendant’s body is in contact with the victim’s body, or the Defendant’s hand contact with the victim’s bucks. However, there is no fact that the Defendant intentionally committed an act of noting the victim’s body or bucking the victim’s bucks. 2) The sentence of unfair sentencing sentenced by the lower court (a fine of eight million won, etc.) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as this part of the grounds for appeal, and the lower court acknowledged the credibility of the victim’s statement under the title “judgment on the Defendant and his defense counsel’s assertion” and found the Defendant guilty of committing an indecent act against the victim as stated in the instant facts charged.
If the judgment of the court below is made based on the precedents, rules of evidence, and evidence on the criteria for determining the credibility of the statement of a person claiming sexual assault victim, the judgment of the court below shall be justified, and there shall be no errors of law that affected the conclusion
B. Although the extent of the Defendant’s indecent act on both parties’ assertion of unfair sentencing is relatively minor, it is not determined to the extent of mental disorder, the Defendant’s drinking at the time of the instant case, and the Defendant did not have any criminal power other than punishment of a fine of KRW 500,000 as a result of the obstruction of business around 2003, and the Defendant made efforts to recover damage upon agreement with the mother of the victim prior to the institution of public prosecution, the instant crime committed under normal circumstances or objective and neutral circumstances, evidence, evidence, evidence rules, and legal principles favorable to the Defendant, and thus, is not sufficient to commit the instant crime.