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(영문) 서울북부지방법원 2017.12.14 2016노2259

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed an indecent act against the victims by force by means of deceiving the victims’ shoulder or awakening them, and the Defendant committed the above act by family affairs.

Even if this is the case, this is also the case.

The judgment of the court below that found the defendant guilty of the facts charged is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment, since it is only one of the methods of soliciting the defendant to commit an indecent act.

B. The punishment sentenced by the court below against the defendant (the punishment amounting to five million won, and the completion of sexual assault treatment programs) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated at the court below's judgment, it can be acknowledged that the defendant, as stated in the facts constituting the crime in the judgment below, committed an indecent act against the victims by means of drinking together with the victim I's shoulder, salvating the victims' shoulder, or salvating the victims' shoulder, and that the defendant had the intent to commit an indecent act against the defendant. Thus, the judgment of the court below did not err by misapprehending the facts as alleged by the defendant, and the above assertion by the defendant is without merit.

The victims have made very detailed statements on the situation where they first met the Defendant, the behavior or words that the Defendant had committed at the time, and the changes in appraisal after the Defendant had committed an indecent act from the Defendant. The full statement is consistent, the entire part of the statement is written in detail, and their statements in important parts are consistent, and their credibility is high since their respective statements are in accord with each other.

In addition, as the defendant asserts, "the defendant."