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(영문) 울산지방법원 2013.10.18 2013노186

강제추행

Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. Summary of grounds for appeal;

A. In full view of the facts charged by the prosecutor (1) misunderstanding of facts and misapprehension of legal principles (the acquittal part on the principal charge) (A) the victim made a false statement at the court below at the time of the prosecutor's investigation into such perjury, but the prosecutor made a false statement at the court below at the time of the prosecutor's investigation into such perjury, and the defendant made a statement at the time immediately after the crime in this case was committed, and the victim made a complaint immediately after the crime in this case, and the investigative agency made a concrete statement on the circumstances and progress of indecent act by compulsion from the defendant, the court below acquitted the victim of this part of the facts charged, despite the fact that the defendant made a indecent act by compulsion. The court below erred by misapprehending the facts or by misapprehending legal principles, which affected the conclusion of the

(B) The victim made a false statement in the court below to be investigated as a suspicion of perjury and made a false statement in the process of making a false statement, and the prosecutor again applied for the consolidation of perjury cases against the victim as witness, and at the same time applied for the consolidation of perjury cases to the victim. The court below dismissed the application for the consolidation of the witness and concluded the pleading without any error of incomplete deliberation in this regard.

(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (a fine of KRW 1.5 million, etc.) is too uneased and unreasonable.

B. Defendant (1) misunderstanding of facts and misunderstanding of legal principles (the guilty part of the preliminary facts) requested the victim, a substitute driver, to change the parallel line from the KTX Station to the shipping, but the victim could face a difficult situation if the victim’s neglect it and proceed as it is. This is a form of force to the extent that it would be regarded as a "Assault" in the crime of assault.