Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s defense counsel (1) misunderstanding of facts or misunderstanding of the legal principles, Defendant A’s defense counsel, while drinking with the victim B, she took a fluence while driving his her own body while carrying out a bath and b, and Defendant A did not assault Defendant A itself, and Defendant A did not commit violence or intimidation to the extent that she did not have any dancing with the victim, and that it could be difficult to resist.
Even if the family entrance is in contact with each other, Defendant A is not able to influence the body of alcohol, and there was no intention to commit indecent act by force.
Nevertheless, the court below found Defendant A guilty on the grounds of the statement of the victim B, etc. without credibility, thereby misunderstanding facts or misunderstanding the legal principles on intimidation and intentional act of indecent act, thereby adversely affecting the conclusion of the judgment.
(2) The sentencing victim B does not want the punishment of Defendant A during the initial police investigation process.
However, in light of the fact that Defendant A’s refusal to demand treatment costs and expressed his intent to punish Defendant A while refusing to demand treatment costs, and Defendant A suffered serious injury that requires six weeks’ treatment due to assault by Defendant A, the lower court’s sentence that sentenced Defendant A to an order to complete a sexual assault treatment program program with a fine of two million won or more and twenty hours is too unreasonable.
B. Defendant B’s defense counsel (1) misunderstanding of the facts or misapprehension of the legal principles, Defendant B made a conversation between Defendant B’s defense counsel and Defendant B by quasi-rapeing the Defendant B’s female-friendly X and drinking alcohol during the period in which the victim had her life with the mind. However, Defendant B was injured by taking the face of A by inserting the appropriate dancing by inserting it into the Defendant’s own entrance. This constitutes a legitimate defense, which is an act that has considerable reason to protect the unjust infringement on the right to sexual self-determination and body.
The above injury is excessive defense.