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(영문) 인천지방법원 2014.10.24 2014노2866

강제추행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (Indecent act part) even though the Defendant did not commit an indecent act against the victim as stated in the lower court’s judgment, the lower court’s finding the Defendant guilty of this part of the facts charged erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (one month of imprisonment, two years of suspended execution, and forty hours of taking the sexual assault therapy) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts: (i) the victim F sent the message from the investigative agency to K, who was able to do so, to the lower court’s trial, “At around December 18, 2013, the Defendant 1 and 19:30.” The Defendant returned to the Defendant, and she called “Enobs”. The Defendant opened the message to the effect that, in the instant singing, the Defendant got her hand seated into the victim’s clothes with the victim’s clothes, and continued to have her chest and her chestd. Moreover, the Defendant continued to have her chest and her chestd. Even if she wishes to have her singing, she opened the message to the effect that she was able to do so to have her singing, and that, at the time of the instant singing and the Defendant’s statement to the effect that it was confirmed that she was her talked to the extent of 3 and her talking.”

Since then, sing doors are open and closed several times.