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(영문) 의정부지방법원 2016.04.01 2015노2083

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have a negative part of the victim, and in the process of walking the victim’s boom, the victim’s booms on the part of the victim’s boom.

Even if there was no intention to commit an indecent act,

The judgment of the court below which found the defendant guilty of the facts charged in this case based on the statement of the victim without credibility is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The sentence sentenced by the court below to the defendant (4 million won in punishment, 400,000 won in total, and 40 hours in total in sexual assault treatment programs) is excessively unreasonable.

2. Determination

A. Judgment 1 on the assertion of mistake of facts 1) The defendant in the summary of the factory laboratory is a foreigner of Chinese nationality, and the defendant is an employee who engages in mags, etc. in the "D" on the second floor of the building in the Goyang-si Seoul Metropolitan City, Manyang-si.

On October 24, 2014, at around 00:30 on October 24, 2014, the Defendant: (a) made the victim E (the 38-year old) who was a guest in order to get a bridged in the bend room inside the bend; (b) made the victim’s boomed against the bend in the bend room; (c) made the victim’s boomed against the bend in the bend place; and (d) made the victim’s boomed against the bend in the bend place; and (d) made the victim’s breath by

2) The lower court’s judgment: (a) based on the evidence duly adopted and investigated, found the following circumstances, i.e., ① the victim, who was placed in contact with one another, to the extent that panty is rarely exposed due to her mar because the Defendant’s mar was not exposed; (b) panty panty part of the negative part; and (c) found the opposite side by the same method.

A clear statement, ② The Defendant received technology from the head office for more than two months, customer response service education and practical training before working at the instant business establishment, and the content thereof is about the standard line for walking when managing the body side body.