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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the remainder of the facts charged in the instant case of mistake of facts, the Defendant cannot be found to have committed any act indicated in each of the following facts charged, or the criminal intent is not recognized.
1) 피해자 C에 대한 업무방해 및 폭행 범행(2018고단2607)과 관련하여, 피고인은 공소사실 기재와 같이 위 피해자에게 큰소리를 치거나 출입문을 걷어찬 후 위 피해자를 폭행하는 등의 행위를 한 사실이 없다. 2) 피해자 H에 대한 강제추행 범행(2019고단31)과 관련하여, 피고인이 길을 비켜달라는 취지에서 위 피해자를 1차례 툭 친 것일 뿐 위 피해자의 엉덩이를 만진 사실이 없고, 추행의 고의도 없었다.
3) In relation to the crime of special intimidation against the victim I (2019Nodan31), there was no fact that the Defendant told the said victim that he was “frosing so doing,” and there was no intention of intimidation. 4) In relation to the crime of larceny against the victim R (2019Nodan198), the Defendant did not have stolen the wheelchairs in Qu Station.
5) In relation to the crime of insult against the victim U and the crime of damaging property against the victim V (2019Kadan240), the Defendant did not have expressed a desire to the victim U.S., and did not have any effect on the utility of the victim V, and did not have any intention to destroy property. 6) In relation to each of the instant charges, the Defendant was sufficiently able and able to pay each of the instant charges, so the intent and ability of the defrauded cannot be recognized.
B. At the time of each of the instant crimes, the Defendant was in a state of mental suffering from mental illness, such as stimulative disorder.
C. The lower court’s sentence (one year and eight months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of employment restriction order) against the Defendant is too unreasonable.
2. Judgment on the grounds for appeal by the defendant
A. Judgment on the assertion of mistake of facts