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(영문) 서울고등법원 2019.08.23 2019노1318

성폭력범죄의처벌등에관한특례법위반(특수강제추행)

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s erroneous determination of facts asserts that, even though Defendant A asserted only on the grounds of appeal as the grounds of unfair sentencing in the statement of grounds of appeal, Defendant A asserted that he had been in the clothes of the Defendant without having the victim located at the time stated in the instant facts charged, it is erroneous to the effect that “the Defendant A was not in excess of the victim’s seat.” At the time of the instant case, the victim was in the inner clothes without his own location, and thus, Defendant A was not in excess of the victim’s panty as stated in the facts charged. 2) The sentence (one year and six months of imprisonment) sentenced by the lower court on the grounds of unfair sentencing is too unreasonable.

B. Defendant B (1) misunderstanding of facts) - Defendant B (hereinafter - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

2. Determination

A. As to the Defendants’ assertion of mistake of facts, the summary of the facts charged is as follows: (a) the Defendants: (b) the victim C (which was the former company staff member of the age of 33; and (c) the victim was dissatisfied with her husband on April 2018; and (d) the Defendant B transferred 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 she

On April 2018, the Defendants sent time to Defendant A’s house of Seo-gu Incheon, Seo-gu, Incheon, with the victim, such as viewing TV along with the victim, and making a dyscule., the Defendants take out the dyscule test fluor for women who were in the TV scule.