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(영문) 수원지방법원 2015.07.21 2015노1487

강제추행

Text

The defendant's appeal and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, G consistently states that there was no fact from the investigative agency to the court of the court below that there was no fact that the Defendant F was inf, and even in view of the video of the E CCTV CD, the Defendant did not appear in the face of rhumd by using F.m.

Although CCTV CDs are extending out to a part of the video, it was only a process for the defendant to enter the two parts according to the G's recommendation, even if there was a physical contact between the defendant and F, there was no intention to commit an indecent act against the defendant.

Nevertheless, the lower court erred by misapprehending the facts charged on the grounds of the testimony of F without credibility, etc., thereby finding the Defendant guilty of the instant facts charged.

B. In light of the fact that the Defendant, from an investigative agency to a court of the lower court, continued to deny the crime and did not reflect the wrongs while denying the crime, and that there is a social consensus in our society that the Defendant should not be imprisoning the tolerance of sexual assault crimes, the lower court’s sentence that sentenced the Defendant to a fine of one million won and the order to complete a sexual assault treatment program for ten hours is too unreasonable.

2. Determination

A. The victim F’s statement on the assertion of mistake of facts by the defense counsel is consistent with the contents from the investigative agency to the court below’s court, and is specific, consistent with other evidence, such as video, investigation report (the first video and original copy obtained). Therefore, the judgment of the court below that recognized the credibility of the victim’s statement is just.

Examining the video of the CCTV CD, the victim of the CCTV, who did not want to wear clothes by returning the G to which the Defendant intends to put in two clothes and inserting the two arms into the two clothes, and rather goes in the state facing G.