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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Sexual assault against the defendant for 16 hours.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was aware of the victim F as a male, but the victim was only the victim’s knife at one time with the victim’s knife in order to confirm the victim’s gender. The victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment and 16 hours of sexual assault treatment program) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to an indictment to delete or modify some facts charged on the following grounds: “The part of the facts charged in the case of 2013 Go-Ma3310, which read that “the Prosecutor included his hand in the victim’s air conditioners, and cut the victim’s left chest once,” which read “the victim’s hand was cut, and only once the victim’s left chest was cut.” Since this Court permitted this, the judgment below was no longer maintained.
However, despite the existence of the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court within the scope of the modified facts charged, and this is examined.
B. 1 indecent act on the assertion of mistake of facts is objectively an act that causes sexual humiliation or aversion to the general public and contrary to good sexual morality, and thus infringes on the victim’s sexual freedom, and whether it constitutes such an act is the victim’s intent.