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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant is not guilty of committing an indecent act against the victim F, as stated in the facts charged.
B. The Defendant was under the influence of alcohol at the time of committing the crime of fraud, and thus was suffering from mental illness, so there was no or weak ability to discern things or make decisions.
(c)
The punishment of the court below (6 months of imprisonment and 40 hours of completion of sexual assault treatment programs) which is unfair in sentencing is too unreasonable.
2. Determination
A. As to the assertion of facts, Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “a person who commits an indecent act on another person at a public means of transportation, public performance or assembly place or any other densely concentrated place” shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won. The legislative intent of the Act is high in the probability of indecent act in a public place accessible to the general public in an urbanized modern society and the need for punishment therefor. On the other hand, due to such reasons as easy access with the victim and disclosure of the place of indecent act, the indecent act committed in a manner other than exercising the victim’s explicit active resistance or avoidance by taking advantage of the situation where it is difficult to exercise the victim’s force, thereby coping with the situation where punishment under other Acts, such as the Criminal Act, etc. is not in progress (see Supreme Court Decision 2009Do5704, Oct. 29, 2009; 200Do16704, supra.).