Text
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault against the defendant for forty hours.
Reasons
1. The lower court found the Defendant not guilty of larceny among the facts charged in the instant case and found the Defendant guilty of the obscenity, and only the Defendant appealed against the guilty portion among the lower judgment, which became final and conclusive separately after the lapse of the appeal period.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. Although the misunderstanding of the facts by the Defendant was found to have committed obscene acts, the lower court recognized the Defendant’s obscenity crime on the ground that the misunderstanding of the facts led to the misunderstanding of that Defendant’s obscenity.
B. The sentence of the lower court’s unfair sentencing (the imprisonment of six months, 40 hours, and 40 hours’ program completion order) is too unreasonable.
3. Determination
A. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the defendant, and applied for the amendment of indictment with regard to the amendment of indictment with regard to the amendment of indictment with regard to the second behavior of the obscenity of this case, which changed "I amb and I amb off" to "I amb off", and the judgment below's conviction part of the judgment below is no longer maintained.
However, the defendant's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.
B. In full view of the judgment as to the assertion of mistake of facts, the police of witnesses D, and the statements at the court of original instance, the following facts were found: (a) that the Defendant was fluored by her finger and her fingers while the Defendant was fluored; (b) that her witnessed her light her light was fluored with the Defendant’s eye and her eye, and the Defendant was hicked with D with a large voice, including the fluor who was her sexual organ, when the Defendant was fluored with the Defendant, and the her eye was string; (c) as D escaped, the Defendant her walked with D and her talked with it, and (d) that D was fluored with D.