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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant, while denying the crime of indecent act by force, committed by the Defendant, was aware that he paid or agreed to pay the victim KRW 10 million to the victim, and the chest fright in the inside of the inside of the inside of the inside of the inside of the family members refers to the chest fright, and frighting to the chest fright and the chest fright at the chest bage. As such, the Defendant committed an indecent act by the victim, which is irrelevant to the Defendant’s indecent act by the victim’s statement, and the victim stated that he had consistently brought a sense of sexual humiliation at the time, it is clear that the Defendant intentionally frighted the victim’s chest.
However, the lower court determined that the Defendant was innocent as to the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.
B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unhued and unfair.
2. Determination
A. As to the assertion of mistake of facts, the lower court alleged that ① the Defendant continued to drink the chest while drinking several parts of the body body body of the victim, ② the Defendant was drinking the body of the Defendant for about 30 minutes, ② the victim had not raised any objection or made no objection with respect to drinking the chest part of the Defendant, ④ on July 29, 2015, after the 11th day, visited the said business to be drinking the Defendant, ③ the Defendant was engaged in the massage service business after acquiring the qualification certificate in China on April 4, 2005, and the Defendant also argued that the Defendant was drinking the chest part of the victim’s chest part, and in fact, the Defendant did not have any objection with respect to drinking the Defendant, ④ on the part of the Defendant who had been forced to feel the chest part of the Chinese qualification certificate, and caused an indecent act against the Defendant.
It is difficult for a prosecutor to conclude it.