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(영문) 춘천지방법원 강릉지원 2020.05.07 2019노319

강제추행

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (in fact-finding and unreasonable sentencing) only has a fact that he dances with the victim at a certain distance and without rhyming the victim’s blue or rhing the victim’s blue as indicated in the facts constituting an offense in the lower judgment. 2) Even if the Defendant committed the above act, it should be deemed that the victim did not express his refusal to do so, and that the Defendant had the victim’s implied consent because he had a view to dancing with the Defendant.

3) The Defendant’s act cannot be viewed as “indecent act” as referred to in the crime of indecent act by compulsion, since it objectively causes a sense of shame or aversion, or does not constitute an act contrary to good sexual morality. 4) The penalty of the lower court (2 million won of fine) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. Determination

A. Although the Defendant alleged that the Defendant’s assertion of mistake of facts was the same in the lower court’s judgment, the lower court also expressed the Defendant’s refusal intention by stating that “I will not see this,” while the Defendant, who was next to the Defendant, at the time of the instant case from the investigative agency to the lower court, was able to sing down his body with other professors at the time of the instant case, by stating that “I would like to bring his hand on the Defendant’s shoulder, I would like to see that I would like to see it.” However, if the Defendant again sing down his own satis and brus, I would like to use satis and satis, I would like to see the attitude that I would like to sather own satis and satis, and at the time, I would like to see the Defendant’s satise or satise his body even if I refused to do so, even if I refused to do so.