beta
(영문) 수원지방법원 2014.08.21 2014노2987

강제추행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The Defendant did not have committed any indecent act by force by making only one time the am e, female, and 20 years old) of the victim E, and filed a complaint against the Defendant as a crime of indecent act by force. Therefore, the Defendant did not report false facts to the contrary (defensive in fact). The lower court’s sentencing (6 months of imprisonment and 40 hours of completing sexual assault treatment programs) is too unreasonable (e.g., unfair). The lower court’s sentencing is too unreasonable (e.g., unfair). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court can sufficiently recognize that the Defendant committed an indecent act by force by making only one am son of the victim, and thus, this part of the Defendant’s assertion is without merit. ① The victim made a false and consistent statement to the effect that he was forced to commit an indecent act from the Defendant as described in the facts charged, and the victim’s testimony is not consistent with the victim’s detailed statement that he had not been aware of the victim’s personal credibility or credibility.

(2) The Defendant stated at the police that “I am kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s k