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(영문) 서울고등법원 2020.02.11 2019노2602

준강제추행등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, and the defendant and the person against whom the attachment order was requested (hereinafter referred to as "defendants") have been diagnosed by the second level of mental disorder due to mental fission around 2015, and have been imprisoned with the structural stability agents around April 19, 2019.

As such, the Defendant, while taking drugs and drinking up 2 soldiers and laging 1 set up a sobry so that he can drying so that he can drying out and drying so that he can go to the toilet, and the Defendant was the body of the victim as stated in the facts charged.

The Defendant did not have any fact as rhythm with a part of the victim, and there was no intention to commit an indecent act.

In addition, the Defendant was in a state of mental disability due to the combination of drugs and alcohol at the time of the occurrence of the above case.

B. The sentence of unfair sentencing (one-month imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the misunderstanding of facts and misapprehension of legal principles of the defendant, the evidence duly adopted and examined by the court below as to the claim of mental and physical disability, and the CCTV images of the soup bank as stated in the facts charged, the victim takes the possession of the victim at the time and time as stated in the facts charged. The defendant salkings the victim by probing the victim and the surrounding areas by probing the victim at two times, leaving the victim back only on the left side of the victim's side, and cutting off the arm's length, making it possible for the victim to use the part of the victim's sound. Since then, the defendant was able to check the fact that there was a movement of the victim (the defendant and the victim cannot be confirmed as a person who escaped the victim).

As above, the defendant has hymhddd the part of the victim as stated in the facts charged.