beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts, mental or physical weakness, and improper sentencing);
A. The Defendant, with the intention to commit an indecent act against the victim, did not suppress the victim’s grandchildren, but did not see the victim’s her hum or others even her hum or mar.
B. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of the instant case.
(c)
The sentencing of the lower court's unfair sentencing (an order to complete a sexual assault treatment program program for 10 months and 40 hours, an order to disclose or notify personal information for 2 years, and an order to restrict employment for 3 years) is unfair due to excessive and unfair (in particular, an order to disclose or notify personal information to the Defendant is unfair).2.
A. (1) Determination of the assertion of mistake of fact 1) The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the person of assault is deemed to be an indecent act. In such a case, the assault must not necessarily be enough to suppress the other party’s intent.
An indecent act is an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes such an act shall be decided with careful consideration of the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific circumstances leading to the act, the surroundings’s objective situation, and the sexual moral sense in the age (see, e.g., Supreme Court Decision 2013Do7838, Sept. 25, 2014). It does not require a subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013).