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(영문) 광주고등법원 2017.12.07 2017노259

강제추행치상

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence presented by the prosecutor's assertion of facts, even if all of the facts charged as to the injury caused by a forced indecent act are proven, the court below recognized only the crime of indecent act by force and acquitted the injury caused by a forced indecent act by mistake of facts.

B. The lower court’s punishment of the Defendant’s wrongful assertion of sentencing is too unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The lower court determined that: (a) comprehensively taking account of the following: (i) the victim’s visit to a medical institution for the instant right kne kne kne b, etc.; (ii) the victim was suffering from the above kne be be be be be be be, etc.; (iii) according to the investigation by the sentencing investigator, the victim was suffering from the above fe be fe be be be be be be be be be be be be be be be be be be be be be be be be be be be be be be be be be be be; and (iv) the victim’s commuting to the company after the instant damage; and (iv) the victim appears to have been working in the company as usual.

B. The judgment of this court 1) If the injured party's wife is extremely minor and the injured party's wife does not need to receive treatment, and there is no difficulty in daily life even without receiving treatment, and the injured party can naturally be cured following the passage of the time, the injured party's physical health condition was changed, or the injured party's life function was hindered.