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(영문) 서울동부지방법원 2014.11.20 2014노1138

강제추행등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of three million won.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) From the misunderstanding of facts in the investigation agency of the facts of this case, Defendant A consistently denies the facts of this case, and the victim’s statement that can be deemed direct evidence corresponding thereto is not reliable in light of the victim or the attitude of Defendant A before and after the 1 through 3 indecent acts by compulsion, and Defendant B’s partial statement about the third indecent acts by compulsion was not reliable in light of the distance or lighting status between the toilet at the time of Defendant B and the vehicle in which Defendant A et al. were located and the vehicle in which Defendant A et al. were located. However, the court below erred in finding Defendant A guilty of the facts of this case on the ground that Defendant A et al. was believed to believe only the statements made by the victim and Defendant B at the time. Even if the facts of this case are acknowledged, the court below erred in finding that Defendant A was guilty of the facts of this case’s unfair sentencing theory, even if at the time, Defendant A was in a state of full attendance and was unable to memory due to the aftermath by assault, without any particular criminal power, Defendant A also was hospitalized for a period of 10 years (20).

B. Defendant B (Unfairly Undue) tried to see that Defendant B, following a female-friendly Gu and A, intended to have a woman-friendly Gu and forced indecent act by force before the vehicle. Defendant B showed an attitude that A did not reflect, first, took place violence, and responded to the situation where A’s movement took place.

In light of the fact that Defendant B’s punishment (six months of imprisonment and two years of suspended execution) imposed by the lower court is too unreasonable, taking into account the fact that there are grounds to take into account the motive leading to the instant crime, or that there is no criminal record, etc. in the case of Defendant B, the punishment imposed by the lower court is too unreasonable.

2. Determination: