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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
가. 사실오인 피고인은 장난으로 피해자 G의 엉덩이를 툭툭 친 사실이 있을 뿐, 원심 판시와 같이 피해자의 엉덩이를 주무르듯이 잡거나 가슴을 움켜쥔 사실이 없고, 당시 피해자를 추행할 의도도 없었다.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.
2. Determination:
A. The following circumstances acknowledged by the evidence duly adopted and examined in the court below as to the assertion of mistake of facts: ① The victim G has consistently made an investigation agency to the effect that “the victim was engaged in the work of leeping from the second floor of the FF factory to the court of the court of the court below. The Defendant, on May 11, 2014, calculated the victim’s lock and buckbucks with the victim’s lock and buckbucks with the victim, or made the victim’s lock and bucks with the victim on June 11, 2014, the victim’s lick, and the victim’s lick and bucks with the victim’s lick at the time of the court of the court below’s determination of facts.” The victim G, who was the victim, the factory manager, and the defendant, at the time of the investigation agency and the court of the court of the court of the court below, made a statement to the extent of the victim’s lick and the victim.