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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles only made a favorable contact with the victim, and there was no assault against the victim, and the Defendant’s act did not reach the extent of suppressing or making it difficult to resist the victim’s resistance, and even though there was no intent on indecent act by compulsion, the lower court convicted the Defendant of the facts charged in the instant case that the lower court committed an indecent act by misapprehending the legal doctrine on coercion in the crime of indecent act by compulsion.
(2) The sentence of the lower court’s unreasonable sentencing (a fine of KRW 10 million and completion of a sexual assault treatment program) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles and the following circumstances acknowledged based on the above evidence, the defendant could sufficiently recognize the fact that the defendant committed an indecent act by force against the victim's will, such as kis or omission of breasts as stated in the facts charged, and it cannot be deemed that there were errors by misapprehending the legal principles on the coercion of the crime of indecent act by force
The defendant's above assertion is without merit.
① The credibility of statements made by the witness at the lower court, the victim, H and I’s investigative agency, and the court of the lower court is sufficiently recognized in light of the fact that such statements are generally consistent, the circumstances leading to the instant crime, the process of reporting, etc.
② In light of the fact that the victim sent a text message to a third party at the time, the victim explicitly expressed his/her intention of refusal, but neglected it, and commits an indecent act by placing the victim on a forced ground, and immediately after the commission of the crime, the Defendant’s act led to the extent that it is difficult for the victim to resist sufficiently, and the Defendant’s intentional act of indecent act by compulsion exists.