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(영문) 수원지방법원 2018.11.06 2018노3358

준강제추행등

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts first wants to talk with the defendant.

It was close to the defendant to the extent of liaison, and after the completion of the second drinking place, he left the place where the defendant's vehicle was located, so he did not have a mental or physical loss.

The victim was also aware of the circumstance that the victim was her mother, and the fact that the defendant was unable to get a telephone from the telecom is inconsistent with the victim's telephone details, and the damage claimed by the victim is impossible considering the defendant's key and the height of the telecom.

In addition, one victim gets out of the telecom and got out of the defendant, and take the defendant's attitude of "competing total right" in the first floor, and the victim's statement is not reliable since it cannot be seen as the form of the victim immediately after the forced indecent act was committed.

B. The punishment of the lower court (eight months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged (1) was as follows: (a) on March 4, 2017, the Defendant forced indecent act: (b) at one frequency and a main point in Suwon-si transfer Dong, Suwon-si, Suwon-si, 201; (c) on the part of the victim B (the 25 years old), who was on board the said vehicle, drink at the same time; (d) from March 5, 2017 to 02:45, the Defendant was waiting to act as an agent in the vicinity of the Defendant’s Ci40 passenger car; (e) on the part of the victim, the victim was able to expect to her chest with her chest; and (e) on the part of the victim, she continued to arrive at the said vehicle and returned to the victim’s her for dancing; and (e) was able to put the victim’s for dancing with the victim’s hand by taking advantage of the victim’s hand.