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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (Defendant 1) (1) inter-party defense E and witness E are hard to believe the victim's statement in light of the victim D's working attitude in the court below.
statement, however, that the record of the examination of a witness in E does not contain the above contents;
② The victim's attitude of ordinary duty is so unfaithful that it was not good that the defendant had been placed with the defendant. ③ On July 24, 2015, the defendant received medical treatment, such as inserting the official seal into the Dodo for the purpose of the examination on the breath of the mine area, and around August 1, 2015, which was the day of the crime under paragraph (2) of the crime in the judgment below, it was difficult for the victim to feel sexual humiliation due to the continuation of the pain and the blood transfusion. ④ The victim was in the state of K and the frith of the radiation line with the defendant at the time, and the defendant did not think of the victim as the frith, and ⑤ the defendant consistently denied the crime of this case, the victim's statement that corresponds to the facts charged in the judgment of the court below was not believed.
2) The victim did not feel sexual humiliation as a woman on the criminal facts No. 1 of the judgment below as stated in the court below, and the defendant did not have spared his body with the victim, but did not have been spared to a certain degree, and there was no fact that the defendant did not proceed with any other acts in addition to them.
The defendant's act does not constitute an indecent act by force because it does not cause sexual humiliation and aversion.
3) Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts.
B. The sentence of the lower court (an amount of KRW 4 million, an amount of KRW 40 million, and an order to complete a sexual assault treatment program for 40 hours) is too heavy or unreasonable.