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(영문) 인천지방법원 2016.07.20 2016노1716

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. The lower court’s sentence (6 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unreasonable even if it is found guilty of sentencing.

2. Determination

A. The judgment of the court below on the assertion of facts 1) The court below held that there is no doubt that the victim made consistent and concrete statements about the attitude of crime and the situation before and after the crime in the investigative agency and the court of original trial, and there is no doubt that the statement is false, while the victim did not have entered the room at 2:0 o.0 o.0 o.0 o.0 o.0 o.0 o.0 o.11 o.0 o.11 o.0 o.1 o.1, and without special purposes, there was only physical contact due to the structure of the room of the chairperson and the victim's s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s ss s s ss s ssss sss.

2) We examine the following circumstances found by the lower court’s duly admitted and investigated evidence in the above judgment.