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(영문) 수원지방법원 2016.08.18 2016노901

강제추행

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts) Defendant (misunderstanding of facts) does not have any satisfe the part of the victim E’s clothes.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case and erred by mistake.

In light of the fact that the crime of this case committed by the prosecutor unfairly committed the crime of this case was committed by the victim who was going on the way of the defendant at night, and it is not good that the crime of this case was committed by the victim, and that the victim, who was suffering a sense of sexual shame due to the crime of this case, was able to make a severe punishment against the defendant, the sentence of the court below that sentenced the fine of 3,00,000 won is too uneasible.

In light of the contents of the crime of this case which was improper exemption from disclosure disclosure order, attitude after the crime, etc., it is improper for the court below to exempt the defendant from disclosure disclosure order without specific reasons even though it is necessary to disclose the registered information of the defendant.

Judgment

The lower court’s judgment on the Defendant’s assertion of mistake on the facts is consistent with the following circumstances that can be acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim E gets a path with F from the investigative agency to the court of the lower court to the court, and consistently stated from the lower court to the lower court to the effect that “the Defendant, on his own hand, bucks and bucks and bucks and bucks to the sexual flag,” and the Defendant’s statement on the method of and the method of and circumstances before and after the drilling, is very specific and detailed, and ② the victim was lying along with the victim

In full view of the fact that the contents of the witness G’s statement made in F and on the road conforms to the victim’s above statement, as stated in the facts charged, the Defendant could fully recognize the facts that the Defendant committed an indecent act by putting the victim’s clothes above the victim’s clothes, such as the statement in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error as alleged in the grounds of appeal.

. Prosecutors;