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(영문) 대전지방법원 2015.11.04 2015노1379

강제추행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not commit an indecent act by deceiving the victim’s arms and traw, as stated in paragraph (1) of the facts charged.

B. The punishment imposed by the court below (the defendant, the prosecutor) is too heavy or unreasonable. The punishment imposed by the court below (the imprisonment for six months, the suspension of execution for two years, the community service order 120 hours, and the order to attend sexual assault treatment lectures) is too heavy or unreasonable.

2. In light of the contents of the judgment of the court of first instance as to the defendant's assertion of mistake of facts and evidence duly examined by the court of first instance, the first instance judgment as to the credibility of the statement made by the witness of the court of first instance is clearly erroneous, or in full view of the results of the first instance examination and the results of additional examination of evidence conducted by the court of first instance until the closing of arguments, unless there are exceptional cases where maintaining the first instance judgment as to the credibility of the statement made by the witness of the court of first instance is clearly unfair, the first instance judgment as to the credibility of the statement made by the witness cannot be reversed without permission (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). Thus, the court of first instance E and F's legal statement made by the court of first instance are consistent with the main parts, and it cannot be deemed that there is credibility because it is no special distortion or false among them, and the contents of the second instance inquiry report made by the court of second instance cannot be deemed to have any error in the judgment.

Therefore, this part of the defendant's argument is without merit.

3. Improper sentencing.