Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant is not guilty of the fact that he saw the victim's chest as his hand.
장난으로 피고인의 왼손 손등으로 피해자의 가슴과 겨드랑이 사이를 한 번 툭 쳤을 뿐이다.
Since the defendant did not have the intention to commit an indecent act, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous.
B. The lower court’s sentence of unreasonable sentencing (a fine of 5 million won, 40 hours’ order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. The court below duly adopted and examined the assertion of mistake of facts as follows: ① The victim stated from the investigative agency to the court of the court of the court below that “the defendant was to leave 500 won of the victim’s chest while leaving the victim’s chest at the E main place where the victim worked as an employee, and let the victim get her her to her the chest, and the victim her her her fry and her her her fry her fry, and the victim got her her her fry at the right chest of the victim.” The victim stated that “The victim got her her fry of the victim’s fry, which the victim had her fry and her fry of the victim’s chest who had her fry of the victim’s fry, had her fry of the victim’s chest, and the victim was aware of his fry and the victim’s her fry of the case.”