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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant’s assertion of misunderstanding of facts was in the position of chapter E of the Seoul Special Metropolitan City branch office of Korea Public Officials’ Union
On March 2012, at the office of the public official labor union located in Suwon-si, the victim was known several times from around October 2012, and there was a mind to love the victimized female by doing so, such as engaging in talking at the singing room after the singing room. On the day of the instant case, there was no intention to compel the victim to commit an act described in the facts charged by engaging in an indecent act.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The lower court’s argument of unfair sentencing by both parties (a two years of suspended sentence in October, a community service for 80 hours, and an order to attend a sexual assault treatment lecture for 80 hours) is too heavy or is too heavy (a prosecutor).
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the term “comfort” refers to objectively causing sexual humiliation or aversion to the general public and infringing on the victim’s sexual freedom. Whether an act constitutes such an act is a violation of the victim’s sexual moral sense. In full view of the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, and objective circumstances surrounding the act, and the sexual moral sense of that time, etc. (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). In full view of the following circumstances recognized by the lower court and the evidence duly investigated and adopted by the first instance court, the Defendant’s act written in the facts charged constituted an act that causes sexual humiliation or aversion in light of social norms and is contrary to good sexual morality, thereby infringing on the victim’s sexual freedom.
It is reasonable to see that it is.