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(영문) 서울북부지방법원 2018.01.11 2017노1276

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts and misapprehension of legal principles that the defendant did not forcibly commit an indecent act against the victim. Although the victim did not receive sexual or mental impulse due to physical contact with the defendant, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence that the court below sentenced against the defendant (the imprisonment of six months, the suspended sentence of two years, the community service work 120 hours, and the lecture of sexual assault treatment 40 hours) is too unreasonable.

2. Judgment on the grounds for appeal

A. Considering the following circumstances in light of the reasoning of the lower judgment’s assertion of misunderstanding of facts and misapprehension of the legal doctrine, the lower court’s duly admitted and investigated evidence revealed that the Defendant committed an indecent act against the victim by wrapping the victim’s shoulder or exposing her buck, as stated in the facts constituting a crime in the lower judgment.

Therefore, there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant in this part of the judgment below, and the defendant's above assertion is without merit.

The victim made a very concrete statement about the victim's son's hand in the restaurant where the defendant discovered the victim on the street and drink the victim's hand together with F, the situation at the time when the victim took the victim's hand, the speech or behavior of the defendant at the time, and the change in appraisal after the defendant was committed an indecent act from the defendant. The victim made a detailed statement to the extent that the statement is consistent and is difficult to speak without direct experience, and the content of the statement is highly probable.

F also made concrete statements consistent with the victim's statement, and in particular F is the defendant.