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(영문) 인천지방법원 2020.11.27 2020노363

강제추행

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In regard to the criminal facts of paragraph (1) of the same Article, the defendant does not have any fact that he/she had her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, community service, 40 hours of order to attend a lecture, 40 hours of order of restriction on employment, three years of restriction order) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant could have acknowledged the fact that the Defendant committed an indecent act against the victim as indicated in its holding.

① The victim stated in the court of the court below to the effect that “the Defendant committed an indecent act by inserting his hand under the influence of the victim during the hearing and forced indecent act in response to the victim’s suffering.” The victim’s statement is consistent with the investigative agency, and the victim’s statement is concrete as to the situation at which the victim was subjected to indecent act by the Defendant and the behavior of indecent act at the time of being committed by the Defendant.

In addition, the victim made a statement from the Defendant that he she saw that her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with

In addition, F means that, around December 19, 2017, the victim calls with the victim on or around December 19, 2017 near the day of the instant crime, the victim reported the said horses.