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(영문) 서울북부지방법원 2020.11.10 2020노796
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case in the absence of a mistake of facts and misapprehension of legal principles, even though the defendant had knife next to knife two times due to fingers, there was no intention to commit an indecent act, and there was no fact that he had a knife with the victim's arms and side knife as the victim knife, as the victim knife or knife had drawn up.

B. The sentence imposed by the court below on the defendant (the fine of 5 million won, the order to complete a program 40 hours, and the employment restriction order 1 year) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the following circumstances revealed by the evidence duly adopted and examined by the court below: ① the victim was the victim's other room without the defendant'snoying, and the victim was aware of himself; ② the victim was aware of the victim's credibility by directly observing the witness's behavior and attitude in the process of examination of the victim; the victim was replaced by the phone to the F, who was in the side conversations, as the victim became aware of the victim; ② the victim was released several times, and the defendant was pushed back on several occasions; the victim was tightly and specifically stated from the police to the court of the court of the court; the victim was 47 pages of the trial record to the effect that the victim was lickly and concretely stated; the victim was 47 pages of the trial record, 58, 106-107 pages of the evidence record; and ② the victim's physical contact with the witness at the time of the examination of the witness; and ② the victim's physical contact with the witness and the witness's body were clearly erroneous and unreasonable.

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