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(영문) 서울중앙지방법원 2017.06.15 2017노885
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged, inasmuch as there was no misunderstanding of facts and misapprehension of legal doctrine (in relation to forced indecent conduct), the Defendant did not flick the body part of the victim as stated in the facts charged, and the Defendant’s act does not constitute assault to the extent that it makes it difficult to resist the victim’s resistance, and even if the Defendant did not cause a sense of sexual shame or infringe on the victim’s right to sexual self-determination, it

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. misunderstanding of facts and misapprehension of legal principles as to forced indecent act: (a) In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s assertion of mistake of facts is without merit. The Defendant’s assertion of mistake of facts is without merit.

On the day of the instant case, the victim’s friendship stated in the police that “the Defendant was her kneing the victim’s bridge and her mar in the elevator, and her singing in the singing room.” The victim stated in the court below to the same effect, and the victim stated in the court below to the effect that “the victim was her kne and kneing the Defendant’s kneing part of the kne and her kneing part of the Defendant’s kne

According to the legal statement of the witness of the court below, whether the victim's daily activity will be changed to the defendant's act at the present place.

In the case of subsection (b) and (c) of this section, the Defendant respondeded to “a dial-a-a-the-art examination” and the specific contents of this characteristic memory support the credibility of the witness’s statements.

The injured party's daily activity is against the defendant's act in the elevator immediately after getting off the elevator.

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