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(영문) 부산고등법원 2016.11.30 2016노495

강제추행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by compulsion against the victim’s chest by using the victim’s chest.

B. It is unreasonable that the sentence of the lower court (a fine of seven million won, etc.) declared by the Prosecutor is too unhued and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court’s determination, the lower court determined that the Defendant could have committed indecent acts by force on the victim’s left chests once. ① The victim consistently stated from the investigative agency to the lower court that the Defendant her left chests were flicked once. Such victim’s statement is consistent and concrete with the Defendant’s act, damage, victim’s humiliation and response, and situation before and after the commission of the crime. Moreover, it does not conflict with other evidence, such as the witness’s statement, on-site CCTV image, etc. ② the Defendant her walked with the victim by narrowing the length, and faced with the victim. However, on-site CCTV, the lower court’s assertion that the Defendant was flick, and that the Defendant was flick, and that the Defendant was flick and flicked with the victim’s chests sufficiently different from the Defendant’s appearance in light of the circumstances where the Defendant was flick.