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The judgment of the court below is reversed.
Defendants shall be punished by a fine of one million won.
The above fine shall not be paid by the Defendants.
Reasons
1. Summary of grounds for appeal;
A. In light of the circumstances leading up to the occurrence of the case by the public prosecutor and the Defendants’ attitude of action, the court below found the facts of indecent act by compulsion against the victim’s will, on the grounds that it is difficult to deem that the Defendants committed indecent act against the victim’s will, such as inducing the victim’s grandchildren under the pretext of dividing conversations with the victim, but it is difficult to deem that the Defendants committed indecent act by indecent act by compulsion, which is the primary facts charged, was acquitted, and found guilty only for the crime of assault, which is the ancillary facts charged. The court below erred
B. The Defendants recommended the victim to drink and did not assault the victim as stated in the judgment of the court below, but the court below pronounced a conviction on the crime of assault, which is an ancillary charge. The judgment of the court below is erroneous in misunderstanding of facts, and even if the Defendants were guilty, the punishment of the court below (one million won per fine) is too unreasonable.
2. Facts charged;
A. At around 21:55 on May 6, 2011, Defendant A committed an indecent act by force against the victim FF (the age of 39) who performed drinking together with Defendant B in the “E” restaurant located in the first floor of Guro-gu Seoul Metropolitan Government D, with Defendant B, who performed drinking in the said restaurant, and felbing the victim’s fingers by drinking together with Defendant B, leading the victim’s fingers, leading the victim’s fingers on several occasions.
(2) Defendant B is a party to this case.
The victim would be the victim at the time and place mentioned in the paragraph.
For the reasons stated in Paragraph 112, there was an indecent act by force by the victim, such as the defect in reporting 112, the victim's garment "to drink as drinking, why why we would grow.", knife hand, and knife the victim's chest with grandchildren, etc. once.
B. (1) On May 6, 201, Defendant A, at around 21:55, at the E-cafeteria located in Guro-gu Seoul Metropolitan Government No. 5 of the first floor.