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(영문) 서울중앙지방법원 2017.08.24 2017노2182

강제추행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts (1) : Defendant did not support the part of the victim’s happiness.

(2) The act of taking photographs by using cameras, etc., giving photographs, or making compulsory indecent acts: The defendant obtained consent from the victim.

(3) A special intimidation: There is no enemy who, in both countries, threatens the victim as the two-way disease will prevail.

(4) The point of confinement: The victim was not detained.

(2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts, the court below may fully recognize the fact that the defendant assaulted and injured the victim as stated in the judgment of the court below, taken the victim's her her m, sound, etc. against the victim's will and transmitted it to the victim's male-child her m, forced the victim to commit an indecent act, threatened the victim as a dangerous object, threatened the victim with two main soldiers, which are dangerous objects, and detained the victim by preventing him from leaving the defendant's house.

The defendant's assertion of facts is without merit.

B. There is no particular change in the sentencing conditions compared to the judgment of the court below on the unfair argument of sentencing by the defendant and the prosecutor. In full view of the circumstances favorable to the defendant, unfavorable circumstances, and all the sentencing conditions in the instant case, the sentence of the court below is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.