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(영문) 광주지방법원 2017.08.09 2017노1376

강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (as to the mistake of facts, misunderstanding of legal principles, and convictions), around July 201 through August 8, 2016, and the same year.

9.3. There is no fact that the victim D (hereinafter “victim”) was forced to commit an indecent act as stated in the facts constituting the crime Nos. 1 and 2 of the judgment below.

Nevertheless, the lower court convicted all of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine as to whether to recognize the credibility of the victim’s statement, thereby adversely affecting the conclusion of the judgment.

B. Prosecutor 1) The Defendant, on May 2016, reported on May 1, 2016, that the victim was only the victim and entered the guard room of the Seo-gu Seoul apartment complex C in 204, Seo-gu, Gwangju.

It appears that the Defendant did not frequently appear to be playing in the guard room, and the Defendant’s above act is an indecent act that causes sexual humiliation or aversion to the general public objectively regardless of how the victim was sworn.

Nevertheless, the lower court acquitted the Defendant of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine on forced indecent act, thereby affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (the sentence of imprisonment for eight months, the suspension of the execution of two years, the community service order 120 hours, and the lecture for sexual assault treatment of forty hours) is too uneased and unreasonable.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine of the Defendant was identical to the grounds for appeal in this part, and the lower court rejected the aforementioned assertion in detail by providing a detailed judgment on the “judgment on the Defendant’s and defense counsel’s assertion” in the

The circumstances in the lower court’s reasoning that were duly admitted and investigated by the evidence.