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(영문) 춘천지방법원 강릉지원 2018.05.24 2017노544

준강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In fact, the Defendant appears to have been under the influence of alcohol and did not intend to commit an indecent act against the victim only when he had a physical contact with the victim to shoulder the victim.

B. The sentence of the lower court’s unfair sentencing (one million won in punishment, and 40 hours in treatment of sexual assault) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of facts. ① The defendant was not in a fluent relationship with the victim, but in a fluent line, i.e., the defendant was seated next to the fluent line, and there seems to be no reason for the defendant to shoulder the victim who was divingd with his her own fluence at a relatively stable size. ② The defendant attempted to communicate with the victim, kidd the victim's right shoulder, kidd the face by the defendant's improper hand, and led to a continuous dialogue. Such behavior of the defendant led to the defendant's movement to the victim's fluence. The defendant was aware that the victim was fluent with the victim's fluence, and that the defendant was fluent next to the victim's fluent line, and that the defendant was fluent by the victim's fluence, and that the defendant was flud next to the victim's fluence.