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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The defendant does not have committed an indecent act by force against the victim.
B. The lower court’s sentence (one million won of a fine) is too minor or unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. On July 8, 2016, at around 18:00, the Defendant, at the office located in Gangnam-gu Seoul Metropolitan Government B building C (hereinafter “instant education center”), he wanted to engage in dial-a-a-a-a-the-job (hereinafter “dial-a-the-job”) and talks with the victim E at the office of Gangnam-gu Seoul (hereinafter “instant education center”), and immediately thereafter, the Defendant committed an indecent act by force against the victim by putting the victim’s hand on the part of the victim who was seated on the part of the Party A while he talked with him and talked with him.
B. In light of the circumstances stated in the judgment of the court below, since the victim's statement is more reliable than the defendant's statement, the defendant is guilty of the facts charged in this case.
C. According to the evidence duly adopted and examined by the lower court and the first instance court, such as the statement of E by the witness at the trial of the first instance court, the Defendant’s statement at the trial court of the first instance, etc., the following facts can be acknowledged.
(1) The defendant graduated from the economics division of MM University in 2010 and prepares for employment.
A in 2015, he received education at the education center of this case, acquired a funeral director's license, and worked as a funeral director from the N in Gwanak-gu in Seoul Special Metropolitan City after December 2015.
The victims came to know that they were N while receiving the education in spring in 2016, and after completing the education course, they worked as administrative staff at the education center in this case.
The Vice-President of the Education Center was the kind of victim.
② A victim reported a marriage with a foreigner “O” around March 2016, but was considered to be an economic problem, excluding his/her family.