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(영문) 창원지방법원 2015.02.05 2014노2695

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that the judgment of the court below that the defendant committed an indecent act by force by using arbitly the victim's son, etc. while arbiting the victim's son, etc., or by using arbitly arbitly the victim's son, etc.

B. The Defendant asserts that the sentence imposed by the lower court (two years of suspended execution in six months of imprisonment, three hundred hours of community service, and forty hours of completing sexual assault treatment programs) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On April 14, 2014, the Defendant: (a) visited E-stack Offices located in Changwon-si, Changwon-si, Changwon-si; (b) requested the victim F (the 32 years of age), who is an employee of the said office, to call a house; and (c) allowed the victim F (the 32 years of age) to buy a house; and (d) allowed the victim’s hand, etc. corresponding to the above, he saw the victim’s hand, etc. to have the son’s own, and forced the victim to commit an indecent act by force.

B. The lower court found the Defendant guilty of the instant facts charged.

C. The judgment of the court below is based on the evidence duly adopted and investigated by the court below, that is, ① the victim made a concrete and consistent statement from the police to the court of the court below on the facts of the damage and the circumstances of the damage; ② the defendant also made two times of police investigations to the effect that the victim was faced with the victim’s hand, etc.; ③ CCTV images taken inside the door office at the time are recorded on the victim’s hand and the part of the victim’s hand with the victim’s hand, namely, the victim’s hand flag, and the victim’s hand flag, are consistent with the victim’s statement. In light of the following circumstances, the victim’s hand flag, i.e., the victim’s hand flag, the victim’s hand flag, and the victim’s hand flag, etc. corresponding thereto.