Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles recognize the fact that the Defendant was guilty of the victim's injury, such as the victim. However, this does not constitute an indecent act merely because the Defendant was unaware of the victim even though the Defendant was the victim working as a part-time student in a restaurant, and it merely did not constitute an indecent act in the process of teaching the victim.
B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of an order to attend a sexual assault treatment lecture) is too unreasonable.
2. Determination
A. Determination 1 on the assertion of mistake of facts and misapprehension of legal principles is objectively an indecent 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 indecent act constitutes such an act is determined carefully by taking into account the victim’s intent, gender, age, the relationship before the offender and the victim, the circumstances leading to the act, the specific form of act, the objective situation surrounding the act, and the sexual moral sense of that time (see Supreme Court Decision 2001Do2417, Apr. 26, 2002). 2) The lower court acknowledged that the Defendant committed an indecent act with the victim with the intent of the indecent act in light of the fact that the Defendant was in charge of the part, such as the victim’s string away from hand in a situation where the Defendant is looking at the victim’s view by the evidence duly adopted and investigated by the lower court.
A thorough examination of the reasoning of the judgment below's conviction and the evidence submitted, the above act of the defendant constitutes an indecent act in violation of sexual freedom by causing a sense of sexual humiliation or aversion as a general person, and the court below's decision that the defendant's act constitutes an indecent act by compulsion is justified on the grounds as stated in its holding.