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(영문) 서울고등법원 2017.09.28 2017노2235

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only against this, and thus there is no benefit of appeal as to the part of the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment of the court below regarding the attachment order is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.

2. Summary of reasons for appeal;

A. The court below found the defendant guilty of the facts charged of this case on the basis of the victim's statement that is not reliable, although the victim implicitly consented at the time of this case's mistake and the defendant committed an indecent act by using the victim's condition that the victim could not resist. The court below erred in the misapprehension of facts.

B. The sentencing of the lower court is too unreasonable.

(c)

The court below's order to disclose and notify the defendant's information for a period of three years, even though there are special circumstances that may not disclose the personal information of the defendant in violation of the disclosure and notification order.

3. Determination

A. In light of the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it can be sufficiently recognized that the Defendant committed an indecent act by taking advantage of the victim’s potential state of resistance. Therefore, this part of the Defendant’s assertion is without merit.

1) The victim sleep at the investigative agency “at the time of making soup and making soup to the company fee and so on.”

In the vicinity of the 'Issibly,'

’ 는 소리가 들려서 잠에서 깼는데, 피해자와 언니 가운데에 피고인이 누워 있었고, ‘ 나는 안 그랬다’ 면서 한참 누워 있었다.

(b) the injured party.