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(영문) 인천지방법원 2016.09.21 2016노1898

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of committing an indecent act against the victim as stated in the facts charged.

B. The sentence of the lower court’s unfair sentencing (7 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant’s indecent act against the victim as stated in the facts charged is sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

1) The victim, at the investigative agency and the court of the court below, made a false statement in a specific and consistent manner as to the background of the instant indecent act, the form of the act, and the circumstances before and after the trial.

There is no circumstance to consider.

2) Around the time of the instant crime, the friendly G of the victim with the victim who was present in the ceremony and did not directly witness the scene of an indecent act in the investigative agency and the court of the court below, but talked about the situation of indecent act in which the victim was wn at the location where the victim was placed immediately after the indecent act.

The statements are consistent with the statements of the victim.

3) The following H message (the page 19 to 39 of the evidence record) sent and received between the Defendant and the Victim immediately after the instant crime also conforms to the victim’s statement.

(1) Victims: Tropouss that “The author has committed so far as these Gs are placed in the same way as these are introduced.”

However, it is necessary to do so by the President of the Rural Affairs and Fisheries that the President of the Ministry of Agriculture, Forestry and Fisheries will distort.

G. Sampa, "L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W. 200

To the extent that it is easy to see as much as to do so;

“......” and “......”

At that time, the Defendant’s first love note 2: “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I