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(영문) 서울북부지방법원 2015.09.24 2015노860

상습강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the facts stated in the judgment of the court below and the misapprehension of legal principles, the court below found the Defendant guilty of committing each of the following crimes: (a) the Defendant’s active use of text messages is difficult to be deemed as a habit of indecent act by compulsion inherent in the Defendant; (b) the Defendant did not have any record of punishment for the same crime; (c) the Defendant cannot be deemed as exercising any direct influence on the students of I University Jindong-ri as well as the students of I University; (d) the Defendant and the victims met all of them; (d) it is difficult to view the Defendant’s active use of text messages to prevent each of the crimes indicated in the judgment of the court below; (iv) the Defendant’s active use of text messages was a full-time effort by students who are frequently employed; and (v) the Defendant’s act of indecent act by compulsion is not likely to have committed an act of indecent act by force against the Defendant on the part of I Universitydong-ri, and there is no detailed evidence to find the Defendant guilty of each of the facts charged in the judgment of the court below.

B. Prosecutor 1) Although misapprehending the legal doctrine, Article 305-2 of the Criminal Act, which is a penal provision for the aggravated punishment of the crime of habitual indecent act by compulsion (hereinafter “instant habitual provision”).