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(영문) 광주지방법원 2015.09.16 2015노154

강제추행

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (the fine of 5 million won, the order to complete a sexual assault treatment program 40 hours) is too unhued and unreasonable.

B. (1) Defendant (1) did not tell the victim of misunderstanding of facts in relation to the 1st crime as stated in the judgment of the court below, and there was no fact that the victim made his sexual speech with respect to the 2 crime as stated in the judgment of the court below, but there was no fact that the victim was buckbucker.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s legitimately adopted and investigated evidence of a mistake of facts: (i) the victim’s statement is consistent and specific; (ii) the Defendant stated that there was no fact at the time of the first investigation by the police; (iii) the Defendant’s statement to the effect as stated in the lower judgment is inconsistent with the victim’s statement, such as reverseing the statement that there was a fact of sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually constituting the crime (pro-7 pages of the evidence record); and (iv) the Defendant stated that “Although it is not certain body parts of the victim’s body at the right time of withdrawal from May 4, 2014, the Defendant’s statement that he was sexually sexually indecently sexually indecently sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexual.

Even if there is a record of the party submission (see the record of the party submission) it is a mere circumstance after the crime of this case.