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(영문) 창원지방법원 2013.08.22 2013노832

강제추행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there was no fact that the Defendant committed indecent act by compulsion of the victim's chest, such as deceiving the victim's chest, and therefore, there was no fact that the victim reported false facts to the victim, the lower court convicted the Defendant of all the charges of this case. The lower court erred by misapprehending the facts and affecting the conclusion of the judgment

B. The lower court’s sentencing (six months of imprisonment) is too unreasonable.

2. The following circumstances acknowledged based on the evidence duly adopted and examined by the court below and the court of first instance on the assertion of mistake of facts: ① the victim has consistently made two times from the police to the court of first instance, and the victim has committed an indecent act, such as gathering his chests, etc.; ② the victim has attempted to seek He from the defendant at the time following the day when each indecent act in this case occurred and consulted about the response methods; ③ the victim has drawn up a day in the form of a simple camera (Evidence No. 292 of evidence No. 2013, No. 1692 of the court below); ② the victim had committed an indecent act twice from the defendant in the form of “A house, P. 2.30, 4.00”; in light of the overall contents of the calendar, the victim’s appearance in the above calendar has been retroactively prepared by the victim to submit to investigation agencies, and the victim and the victim have no access to the CCTV, and the victim could sufficiently have no access to the victim’s loss and have no access to the CCTV.