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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was aware of the victim’s stringing of the stairs in the instant club, following the Defendant her stringing of the stairs, and had talked with the victim by returning to the future, and did not commit an indecent act by deceiving the victim’s string, brying, and mar.
Nevertheless, the lower court erred by misapprehending the fact that the Defendant committed an indecent act against the victim.
B. The lower court’s sentence (a fine of KRW 3 million, order to complete a sexual assault treatment program) against the Defendant by the Prosecutor is too uneased and unreasonable.
2. Determination
A. The following circumstances can be acknowledged according to the evidence duly adopted and examined by the lower court in determining the Defendant’s assertion of mistake of facts.
1) In the written statement prepared on the day of the instant case, the victim stated that “A while I want to have a person who works for a club, he was in charge of the death, he was in the first place in the inside (the Defendant) and was in charge of making a sound and sound report.” 2) The victim stated in the police on the day of the instant case as follows on the fact of damage and the subsequent situation.
"In the Republic of Korea, the top of the top of the body, which contains the suspension of the roll, was in front of the body."
(B) The Defendant’s son, one of the sons in the front, had the son contacted with the shoulder part, and later, had his son around the luxur.
The number of people was almost fast.
When we see and see the defendant, there were many snows.
Along with the damage of the internal body, a male-child who had been in front of his wife was requested to assist.
The male-friendly Gu moved back to the defendant, first left back to the warehouse, and went out of the warehouse.
The Defendant saw that “I have never been satched, a male-friendly Gu was satched and towed.” The Defendant said that “I had been aware of how I want to see, and how I want to see, what I want to do.”