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(영문) 부산고등법원 2020.01.08 2019노358

강제추행등

Text

Defendant

In addition, appeal by the person who requested probation order is dismissed.

Reasons

1. Summary of grounds for appeal (the part concerning the defendant's case);

A. As to the part of the charges of indecent act by mistake of facts and misapprehension of legal principles, the defendant and the person requesting a probation order (hereinafter “the defendant”) did not have any fact that the victim’s chest was satisfed by the second hand of the victim, such as the victim D, and there was no fact that the defendant and the person requesting a probation order (hereinafter “the defendant”) committed an indecent act against the defendant in light of the objective circumstances known to the defendant, such as the time and place of the act, and the relationship between the defendant and the victim, even if the victim’s finger was in contact with the victim’s chest, it cannot be deemed that there was an intentional indecent act against the defendant in view of the objective circumstances revealed by the defendant.

(A) The court below held that the Defendant intentionally committed indecent act by force by force by using her chests of the victim. Thus, the court below erred by misapprehending the legal principles on indecent act by force, or by misapprehending the legal principles on indecent act by force, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion even though the Defendant had the same assertion as the grounds for appeal in this part of the lower judgment, on the grounds that the lower court rejected the Defendant’s assertion.

The Korean court has committed this part of the crime, with due regard to the fact that there was about 17:50 times, and that the place was open to the third floor corridor of the C Center (sexs, victims of domestic violence, and shelters for the homeless) in which many people gather, and that at the time, the victim was in the state of the victim with the external string of the wintering (5 pages of the Defendant’s personal examination of the first instance court), the possibility that the Defendant’s above assertion of innocence could be correct is widely established, and the evidence and records are examined closely.

However, in relation to indecent acts by compulsion, the following are established.