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(영문) 춘천지방법원 강릉지원 2018.11.29 2018노394

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and improper sentencing) has not committed an indecent act against the victim C (a name of the victim).

Defendant guilty

Even if the court below's punishment (4 months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below: ① the victim stated specifically and consistently in the situation at the time of the crime in an investigative agency and court; ② the victim first met with the defendant at the time of the crime in this case; ② the victim was only three to four times prior to the crime in this case with E accompanied by the defendant; ③ the victim reported 112 to the effect that “the customer was her chest” after the crime in this case; ④ the police immediately after the crime was committed; ④ the defendant left the restaurant at the front of the clerical error and went back to the restaurant; ⑤ the defendant went back to the restaurant with the her husband; ⑤ the defendant attempted to reach an agreement with the her husband, such as E, by taking full account of the following:

B. The above determination by the court below is just if it carefully examines the evidence duly adopted and examined by the court of original judgment in light of the records.

The Defendant’s assertion of misunderstanding the facts is without merit (The investigation report on the 6, 10th page of the investigation record contains the statement that “the Defendant did not commit an indecent act against the victim” at the scene of E, but E in the court of the original instance after E, “I did not witness the scene where the Defendant committed an indecent act against the victim due to locked, but the victim was humfed, and the victim committed an indecent act by the Defendant.

was stated to the effect that the above investigation report was made by the Defendant.

3. The Defendant did not have any record of having been punished for the same kind of crime as to the unfair sentencing claim.

However, the crime is committed.