The judgment below

The guilty part of the defendant's case and the part of the case of probation order shall be reversed respectively.

Defendant .

1. The court below's scope of trial is the defendant and the person requesting probation order (hereinafter referred to as "defendant").

Of the facts charged against B, the defendant was convicted of committing assault against the victim B, and sentenced to three years of imprisonment with prison labor. As to the assault against the victim B, the dismissal of the public prosecution was sentenced in the order. The only defendant appealed against the guilty part among the judgment below and the prosecutor did not appeal against the dismissal of the public prosecution, and the above dismissal of the public prosecution became final and conclusive separately from the appeal period.

Therefore, the scope of this court's judgment is limited to the guilty part of the defendant case and the case of probation order.

2. Summary of grounds for appeal;

A. As to the mistake of fact-finding by compulsion, the Defendant merely saw the victim at the time, and did not commit an indecent act against the victim’s her mort, even if her mort was in contact with the victim’s body, the Defendant merely contacted the victim’s body, and did not intentionally contact the victim with the indecent act.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment, etc.) is too unreasonable.

3. Determination on the conviction of the defendant's case

가. 사실오인 주장에 대한 판단 1) 원심의 판단 원심은, 원심법원이 적법하게 채택하여 조사한 증거들에 의해 인정되는 아래와 같은 사정들을 종합하면 피고인이 불상의 신체부위로 피해자의 엉덩이에 접촉한 사실이 인정되고, 피고인에게 추행의 고의도 인정된다는 이유로 이 부분 공소사실을 유죄로 판단하였다. 가) 피해자는 수사기관에서 ‘피고인이 지나가면서 피해자의 엉덩이를 비볐는데, 무언가 크고 말랑말랑하고 베개 같이 푹신한 것으로 문지른 느낌이어서 피고인이 손이 아닌 엉덩이로 비빈 것 같았다’는 취지로...