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(영문) 서울고등법원 2013.04.04 2013노403

강제추행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. (1) Since there was no fact that the defendant committed an indecent act against the victim D by force, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in misconception of facts.

(2) The court below found the Defendant guilty of this part of the facts charged on the ground that it constitutes self-defense or legitimate act where the Defendant, who did not fall under a flagrant offender but was arrested as an flagrant offender without due process, and the Defendant’s act of insulting speech or damaging public goods due to the indication of an illegal or unjust investigation without giving appraisal after the arrest of an illegal flagrant offender constitutes self-defense or legitimate act.

(3) In consideration of the circumstances on the accused of unreasonable sentencing, the sentence imposed by the court below (two years of imprisonment) is too unreasonable.

B. In light of the circumstances of the prosecutor’s defendant, the sentence imposed by the court below (two years of imprisonment) is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below and the victim's trial statement at the court below, the victim D's statement consistently adopted and investigated the facts charged, and the victim D's statement to the same effect as the victim's 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 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 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 her her her her her her her her her her her her her her her her