The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The court below found the defendant not guilty on this part of the facts charged of the case, on the ground that there is no evidence to find that the victim's injury was caused by assault or indecent act committed by the defendant as a means of indecent act or by indecent act by force, or by indecent act by force. However, the court below found the defendant guilty on this part within the scope of this part of the facts charged.

However, according to the victim's statement at investigation agency, the victim's body photo, diagnosis report, F and H's witness statement, etc., it is recognized that the defendant walked the victim from the beginning to the intent of indecent act by force and continued to commit assault. Therefore, it can be sufficiently recognized that the defendant suffered the victim's injury due to the act of assault or indecent act used as a means of indecent act by force or the act accompanied by indecent act by himself or by indecent act

Therefore, the judgment of the court below which acquitted this part of the facts charged is erroneous in violation of the rules of evidence or misconception of facts which affected the judgment.

The sentence of unfair sentencing (the part of the crime) by the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of sexual assault treatment lectures) is too uneasible and unfair.

Judgment

사실오인법리오해 주장에 관한 판단 이 부분 공소사실의 요지 피고인은 2013. 7. 23. 20:30경 남양주시 D에 있는 ‘E’ 앞길에서 F에게 행패를 부리는 피고인을 제지하는 피해자 G에게 “땡중하고 붙어먹은 년이 무슨 말이 많냐”고 말하면서 손바닥으로 피해자의 뺨을 수 회 때리고 피해자를 바닥에 넘어뜨린 다음 피해자의 가슴 위에 올라타 “가진 건 돈밖에 없다. 너 같은 년 죽여도 눈 하나 깜작하지 않는다”고 말하면서 주먹으로 피해자의 가슴을 5~6회 때려 반항하지 못하게 한 후 손으로 피해자의 오른쪽 가슴을 움켜잡고 비틀어 강제로...