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(영문) 인천지방법원 2020.11.06 2020노417

강제추행

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The defendant of mistake of facts committed an indecent act against the victim as stated in the facts charged in this case, even though he did not have committed an indecent act against the victim by force during the victim's response while he talked with the store business in a warehouse, the court below which convicted the defendant by mistake of facts and affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service, forty hours of attending order, and three years of restriction on employment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the credibility of the victim’s statement may be recognized, and the Defendant may be recognized as having committed the act as stated in its reasoning.

① The lower court’s x04 x04-602450 file images of the CCTV CD which were reproduced and seen in the court below’s trial (the video images identical to the Defendant’s submission No. 3) showed that CCTV was released from the view of the Defendant and the victim’s entry into a simplified warehouse at around 03:12:03 (on the basis of the time recorded in the CCTV screen; hereinafter the same shall apply), one bridge and the spniff of the victim’s rear knife, and the knife kniff of the victim’s rear knife, and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife 14:1:4: the back kniff.

(2) A victim;