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(영문) 서울고등법원 2017.10.12 2017노2248

강제추행치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The victim of a mistake of fact (find portion of a crime) states specific and objective circumstances at the time of damage. In particular, the Defendant, following the Defendant, has divided the sale and the bridge into about five minutes after he/she went beyond the victim himself/herself.

The diagnosis submitted by the victim clearly states the fact that the victim suffered an injury requiring treatment for about 10 days, which is the level that the actual treatment is needed, and it cannot be said that it is extremely minor or natural that can easily occur in daily life.

B. A person who suffers damage should not be considered on the ground of innocence for reasons that he/she did not receive hospital care due to bad personal circumstances of his/her duties.

Nevertheless, there is an error of misunderstanding of facts and misunderstanding of legal principles in the judgment of the court below which rendered a not guilty verdict of injury caused by forced indecent act.

B. The sentence sentenced by the lower court to the Defendant (the amount of KRW 10 million, the amount of KRW 40,000, and the amount of sexual assault treatment program program program program program program program program program program program program program program program program program program program program program program program program program program

2. Determination

A. On May 28, 2016, the Defendant, at around 00:00, committed an indecent act against the victim’s F (n, 20 years of age) who gets married at the E community service center located in Ma in Ma, Sungsung-si, with the victim’s view to committing an indecent act, and at the same time, the victim was placed in G apartment G apartment 203 in front of the 203 unit of G apartment, and the victim was knife with both shoulders of the victim, knife the victim’s body, and knife the victim’s body, knife the victim’s body, and knife the victim’s right chest once into the victim’s body. As a result, the Defendant forced the victim to commit an indecent act against the victim by force, and caused the victim to suffer injury, such as dratum dum dume for treatment between about 10 days.

B. The lower court’s judgment 1) constituted seven jurors selected through lawful selection procedures to proceed with a participatory trial by organizing a participatory trial group, and the lower court’s participatory trial is the lower court’s part.