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The defendant's appeal is dismissed.
"Completion of sexual assault treatment programs" in the 3th sentence of the lower judgment.
Reasons
1. Summary of grounds for appeal;
A. In relation to the facts charged of injury, the defendant's face was destroyed by the victim's loss, etc., and the defendant was found to have damaged the victim's hair, but the defendant did not have the victim's hair, but did not have the remaining contents related to the violence, but did not have the victim's injury requiring medical treatment for 28 days.
(M) 2.2
In relation to the facts charged of indecent act by compulsion, the Defendant did not have committed an indecent act against the victim. The lower court erred by misapprehending the legal doctrine on the degree of proof of the facts charged and legal doctrine on indecent act by finding the Defendant guilty of this part of the facts charged on the sole basis of the victim’s statement.
(legal scenarios). (c)
The sentencing of the lower court (one year of imprisonment, two years of suspended execution, and forty hours of sexual assault treatment program) is too unreasonable.
(F) Determination; 2. Determination
A. The first crime of indecent act by compulsion on mistake of facts and misapprehension of legal principles includes not only cases of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is recognized as indecent act. In this case, the assault in this case does not necessarily require that it be enough to suppress the other party’s intent, and the exercise of force against the other party’s will should be determined regardless of the relevant force’s exaggeration.
An indecent act is an act that causes a sense of sexual humiliation or aversion to the general public and violates good sexual moral sense, and thus, it is an infringement on the victim’s sexual freedom. Whether it is a case should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, objective situation surrounding the act, and sexual morality, etc.
b) the Commission;