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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant committed assault against the victim while fighting with the victim’s body, the Defendant did not commit an indecent act. Even if the Defendant’s chests and bucks in the process of physical fighting, it cannot be deemed an intentional indecent act on the part of the victim’s chests and bucks, the lower court erred by misapprehending the facts, thereby convicting the Defendant of the facts charged.
B. In light of the following: (a) the degree of indecent act committed by the public prosecutor in this case is more severe; (b) the victim is under severe punishment because it is not agreed with the victim; (c) the defendant was committed with the same criminal records despite the criminal records of the same kind; and (d) the fact that the crime was extremely poor, such as neglecting the responsibility of the victim and neglecting the responsibility of the victim, etc., the punishment imposed by the court below (two years and six months of imprisonment and three years of suspended execution, etc.) is too unreasonable
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court determined as follows.
In the investigation agency and court of the court below with regard to the circumstances of this case, progress, etc. of the victim, G, and H, the statement made at the court of the court of the court below (the fact that the defendant, while drinking water or knife at the victim, G, and H's main place of female resting room together, has entered the room for female resting, ② the victim, G, and H is the defendant as the defendant, and there was a dispute with the victim, ③ the defendant as the victim, G, and H is the defendant, ③ the victim was buck at the time of buck, and the victim was placed on the buck, and the buckbbbbbbs of the victim by pushing the victim, and the buck. However, one part of the victim's buckbbbbbbs and the chest was first delivered, and the other part was committed by the defendant, depending on the person's statement or statement about whether the chest is right or left at the port.