Text
The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts merely went to the inside of the victim after passing through the victim's door, and there was no fact that the victim sucks to the left part of the victim or sucks on the victim's bucks.
Although the defendant puts the left hand on the shoulder of the victim, it cannot be said to be an indecent act that may cause a sense of sexual shame by social norms, and there was no intention to commit an indecent act.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service order, and forty hours of order to attend sexual assault treatment lectures) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is as follows: (a) around 20:00 on August 10, 2017, at “C” located in Mapo-gu Seoul Metropolitan Government, and (b) around 20:0, the Defendant moved to the victim’s left part, who was seated on the front part of the victim’s left part, including the victim E (the victim E, who is the representative director of the D’s business and marketing of the “D,” in which the Defendant serves as the representative director, and went back. (c) On the top of the victim’s hand, the Defendant sawd the victim’s left part by putting the victim’s shoulder up, and knicked the victim’s left hand with the Defendant’s hand. (d) On the buckbuck.
Accordingly, the Defendant committed an indecent act on the part of the victim.
B. Direct evidence corresponding to the facts charged is the victim and F are the statements of the victim.
However, comprehensively taking account of the following circumstances revealed through the records of the instant case, it is difficult to believe the victim and F’s statement, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendant committed an indecent act against the victim as stated in the facts charged.
Therefore, this part of the defendant's argument is justified.
(1) The victim’s statement (1) The victim’s statement passes through the victim’s own statement to keep the toilet located on the right side of the victim in the statement, and in the statement, the fact-finding certificate prepared prior to the submission of the complaint and the written complaint.