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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal by defense counsel;
A. The Defendant did not commit an indecent act by force against the victim, such as rhyming the victim’s horses and suckbucks, or spreading bucks.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.
B. Although the Defendant was in a state of mental and physical loss or mental weakness upon drinking alcohol at the time of committing the instant crime, the lower court erred by misapprehending this.
(c)
In light of the fact that the criminal defendant was punished for the same crime or has no record of criminal punishment exceeding the fine, and endeavored to compensate for the damage, the sentence of the court below that sentenced the order to attend school for treatment of sexual assault for 2 years and 40 hours during the suspension of the execution of six months is too unreasonable.
2. Determination
A. The following circumstances can be acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, whether the victim D had the Defendant on his/her own taxi with the right hand and arms until the lower court’s trial was conducted by the investigative agency and the lower court.
“.....”
After diving, the Defendant re-sheeped the right arms by “self-gym,” and put 5-6 second to the right hand of the Defendant’s left hand on his own right hand.
“A vehicle was set up and reported to 112.”
The defendant made a statement as "......... there is credibility because the statement is consistent, specific and specific, there is no circumstance that the statement is made, and ② in the video CD of the black box, the defendant called "self-gym, self-gym," and the defendant called "Im, self-gym, self-gym" around 22:56, which reads "the victim, who is going to go to go, now on the fym of the victim's hand," and in around 22:59, the defendant is "self-gym," and he runs the arms.