beta
(영문) 의정부지방법원 2017.02.14 2016노3597

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be treated with sexual assault for 24 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not have committed an indecent act by force against the victims as stated in the facts constituting a crime in the lower judgment.

2) The sentence of the lower court that is unfair in sentencing (six months of imprisonment and twenty-four hours of sexual assault treatment programs) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. 1) Judgment of the lower court on the assertion of facts is based on the evidence duly adopted and investigated by the lower court, namely, the victim E stated in the court of the lower court that “the Defendant was her panty by inserting his hand and conspired, only there was a fact that the lower part of the Defendant was spanty through the lower court’s brode (see, e.g., Article 73 of the trial record). The victim F made the same statement in the investigative agency.” The lower court also stated in the court that “the Defendant included his hand in his spane and was spanch, and made the same statement in the investigative agency (see, e.g., 90th of the trial record). The victims sent text messages to confirm whether the victims suffered the same injury from the Defendant after the victims committed an indecent act, and that it was supporting the truth of the victims, and that the Defendant did not have any motive to acknowledge that the Defendant did not have any medical motive to commit an indecent act, i.e., “an indecent act to the victim’s 30 times” as stated in the victim’s clothes.

(ii)..